Fortney will remain in the county’s custody, where he has been since shortly after the shooting. The defendant had no criminal record prior to the shooting, officials said, and his attorney asked Capizzi to set him free.
However, Capizzi told the accused teen his release would be “a risk to the community….and a risk to you.”
Fortney was initially charged with tampering with evidence, as investigators and prosecutors said they needed more time to assess the events on North Riverview Avenue that led to the death of Brooks.
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The other charges were added in late August, when county Prosecutor Mat Heck Jr. also announced his office’s filing a motion to transfer the case to adult court.
Brooks was the second teen to die in a Miamisburg shooting since December. Three men are charged with murder in the Dec. 30 homicide of Noah Kinser, who was killed during a late-night home invasion on North First Street.
Kinser’s death was the city’s first homicide since 2011.
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