Updated: 2:59 p.m. Monday, Feb. 24, 2014 | Posted: 12:13 p.m. Monday, Feb. 24, 2014

Warren County prosecutor to seek death penalty in homicide



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Warren County homicide photo
Warren County homicide
2 accused of murder in Warren County photo
Justin Back

By Lawrence Budd

Staff Writer

Two 19-year-old Montgomery County men will face the death penalty in Warren County Common Pleas Court if convicted of murdering Justin Back, the 18-year-old man stabbed to death on Jan. 28 at his home outside Waynesville.

Timothy E. Mosley and Austin G. Myers, both of Clayton, were indicted Monday on nine counts, including aggravated murder, aggravated robbery, aggravated burglary, kidnapping, grand theft with a firearm, tampering with evidence, abuse of a corpse and safecracking.

Warren County Prosecutor David Fornshell said they will face the death penalty if a jury finds Mosley or Myers is guilty of either of two aggravated murder charges and committed the crimes with premediation or while committing kidnapping, aggravated robbery or aggravated burglary.

“This is just the beginning,” Fornshell said during a press conference. “It is a long and arduous process.”

Mosley and Myers are accused of choking and stabbing Back, who was about to join the U.S. Navy, during a struggle in the kitchen of his home, along the Little Miami River, east of Waynesville.

Back was also shot with a gun stolen, along with a safe and other property, from his family’s home before his body was dumped in woods in West Alexandria, according to authorities.

“There’s no good reason anything like this should ever happen. They simply wanted to kill and rob Justin Back,” Fornshell said.

Mosley and Myers are accused of planning the crime over two days, but Myers alone knew Back beforehand from time they both attended school in Waynesville.

“Mr. Myers is probably the only person who could tell us why Mr Back was targeted,” Fornshell said. “At least initially this was his plan.”

Mosley and Myers are accused of dumping Back’s body in Preble County.

They were taken into custody on Jan. 29 in Clayton after questioning at the police department there.

They remained in the Warren County Jail Monday on $1 million bond each.

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