Judge J0e Kirby dismissed the January case on Monday after prosecutors and defense agreed to accept the finding of a competency report completed on Feb. 21.
“Neither party submits additional evidence,” Kirby said in a ruling. “The child is presently incapable of understanding the nature and objective of proceedings.”
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Kirby also ended GPS monitoring under which the boy had been allowed to be released from detention on house arrest since Jan. 17, four days after he was ordered to be held in the detention center.
The boy was held in detention on a making false alarms charge filed after he told his special education teacher he “had a bomb in his bag and threw the bag on the floor. This was overheard by another student and circulated to other teachers,” according to court records.
After Monday’s ruling, Warren County Prosecutor David Fornshell said the boy could not be prosecuted under Ohio law, once he was deemed incompetent to stand trial.
“That’s not information that law enforcement would be able to have at the time charges are filed,” Fornshell added in a text message.
The boy charged in the case stemming from the Feb. 2 bomb threat at Springboro Junior High is scheduled to return to juvenile court on Wednesday.
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