More charges were filed last week against a 17-year-old Dayton teen accused of armed robbery in Miamisburg before authorities said he was shot by an off-duty Miami Twp. police officer while the suspect was seeking to flee the scene.
Meanwhile, Officer James Swearingen, it was announced Friday, was cleared by a grand jury of any criminal charges in the Feb. 5 shooting near the Ohio 725/Interstate 75 interchange.
Prosecutors are seeking to try the teen as an adult on 10 charges and a hearing is scheduled for April 16. Going forward, here are six issues to know about the case:
1. The teen faces seven aggravated robbery charges. Prosecutors said they include two counts involving two employees of the Byers Road Shell station where the crime occurred. They also include four counts for each of the vehicles prosecutors said the defendant sought to carjack in attempting to flee.
The remaining robbery charge stems from a carjacking prosecutors said the teen committed the previous night in Dayton. All of the charges accuse the teen of using a gun.
2. The 10 charges prosecutors want the defendant tried as an adult on are split into two categories, according to Montgomery County Juvenile Court Judge Anthony Capizzi.
Seven of the counts are mandatory transfer charges, meaning that if prosecutors present enough probable cause the charges will automatically be transferred to adult court, Capizzi said. The remaining three charges are discretionary transfers, with Capizzi making the decisions based on the probable cause evidence.
3. The teen has no juvenile court record, Capizzi said. His mother, who said she worked for the Federal Bureau of Investigation for more than 20 years, has sought to get him released on home electronic monitoring. He remains in juvenile detention.
4. The crime occurred near what authorities said was a heavily-congested interchange, about a quarter mile from the Dayton Mall. Hence, authorities said, the defendant in allegedly brandishing a handgun “could have resulted in a number of injuries and deaths.”
5. After he was shot and apprehended, authorities said, the teen claimed to be an undercover FBI agent, causing confusion as one of the law enforcement officers in the area – a Drug Enforcement Administration agent – initially said in a 9-1-1 call the shooting may been “officer vs. officer.”
6. With the grand jury investigation on Swearingen complete, the Miami Twp. Police Department will now conduct an internal investigation on whether policies and procedures were followed, according to Chief Ron Hess.
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