Bind over hearings to decide if Miamisburg teen is tried as an adult in his best friend’s death

Hearings known as bind over hearings, will decide whether a Miamisburg teen will have his case tried in juvenile court or have it moved to Montgomery County common pleas court to be tried as an adult in the death of his best friend who was shot in the chest in July.

The 16-year-old, we’re not identifying, walked into a packed courtroom and sat next to his lawyer.

One teen said that he was best friends with the defendant and says the 16-year-old raced up the street to borrow a phone to call 911 after the shooting.

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“I get goosebumps just thinking about it, like you could tell dude, something was wrong, like it was bad. I’ll never forget it probably,” he said.

Prosecutors called more than a half-dozen witnesses to tell what they knew.

“I was standing on the steps listening to them yell ‘call 911, “ Kristina Wolford said.

A woman who worked at the business across the street from where the shooting happened says she saw Caleb Brooks on the ground, and a lot of confusion and the accused teen paced around.

“Hectic, lost, he wanted help. Screaming? Yes. Crying? Yes,” Wolford said.

Miamisburg police say Caleb Brooks was shot in the chest, already dead before the paramedics could pull up and try to help.

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One officer said the accused teen told him Brooks had caused his own death.

“He opened up the door, his friend had a handgun and he accidentally shot himself,” Officer James Duff said.

But that same officer says he discovered the teen threw the gun up a hill.

He escorted that teen up an embankment and spotted the semi-automatic pistol in the grass.

“And I asked him, did you accidentally shoot him and he said no and that’s when I asked, why would you throw the gun over the hill. He said I don’t know, I was scared and I panicked,” Duff said.

After the hearing, both sides will have the opportunity to give the judge additional evidence and written statements.

It's expected the judge will issue a ruling sometime in the next two to three weeks.

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