UPDATE @ 8:20 a.m. Nov. 29: The case of a Kettering teen convicted of lesser charges in his murder trial for the 2016 fatal shooting of a Fairmont High School student will return to juvenile court, according to one court official.
Montgomery County Juvenile Court Administrator James Cole said his understanding of the law after a jury found Kylen Gregory guilty of reckless homicide in death of Ronnie Bowers is that “there’s no discretion” in transferring the case back to its original jurisdiction, a move the defense is seeking.
Depending on the court’s ruling, a transfer may result in a much shorter sentence for Gregory, Cole said.
INITIAL REPORT: The attorneys for a Kettering teen convicted in the 2016 killing of a Fairmont High School student are seeking to return the case to juvenile court, records show.
After Kylen Gregory’s Nov. 9 jury conviction on reckless homicide in the death of Ronnie Bowers, “the adult court must determine if the offense of which the juvenile has been found guilty would have required mandatory transfer or discretionary transfer” from juvenile to adult court, according to a motion filed Tuesday.
Gregory, 18, was indicted on murder charges in the Sept. 4, 2016 deadly shooting of Bowers after Juvenile Judge Anthony Capizzi approved the prosecution’s request for a mandatory transfer to adult court in 2017.
Gregory and Bowers were both 16 at the time of the shooting, did not know each other, and police called the victim an innocent bystander. Bowers died two days later.
The jury found Gregory guilty of reckless homicide after Montgomery County Common Pleas Court Judge Dennis Langer said the panel could consider the lesser charge if it could not reach a consensus on a murder count.
Gregory pleaded not guilty to two counts of murder, five counts of felonious assault and one count of discharging a firearm at or near a prohibited premise.
The jury of nine women and three men found Gregory guilty of two counts of reckless homicide and one charge of discharging a firearm at or near a prohibited premise.
A sentencing date has not yet been set, court records show.
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