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Judge releases boy charged in fatal fire

By Doug Page

Staff Writer

Monday, October 01, 2007

> Photos, videos and earlier articles

GREENVILLE — The lawyer representing a 10-year-old boy charged with arson and five counts of murder in a fatal house fire here Sept. 16 said his client strongly denied the charges in an initial hearing Monday.

Attorney David Rohrer told Darke County Juvenile Court Judge Michael McClurg the boy did not understand his rights.

Extras

Following the hearing, the judge heard testimony from Assistant Prosecutor Philip Hoover, social worker Philip Suman, the court's chief probation officer, Scott Lind, and a victim-witness representing the family. Hoover and the family asked that the boy remain in custody. Hoover cited the boy's statements that he wanted to commit suicide and that a full forensic psychological examination had not been completed.

Suman and Lind both said the child did not appear to be a threat to himself or others, nor was he a flight risk. Still, they were concerned if he was released, others might do him harm.

McClurg then ruled the boy would be released to his maternal grandmother under house arrest with strict guidelines.

When McClurg made his ruling, Christy Winans, the mother of three of the dead children, broke into tears.

Outside the government center where the hearing was held, about 35 protesters gathered and displayed signs that called for the boy to be released. They cheered when they learned the judge had released the boy to his grandmother.

In a separate motion, the Associated Press on Monday challenged McClurg's ruling last week that prohibited news organizations from using the boy's name or image in their news accounts. The AP motion claims that the prohibition represents prior restraint of the press.

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