However, attorneys for Gregory – an 18-year-old convicted of lesser charges in his murder trial last year – are seeking to have those felonious assault counts dismissed.
RELATED: ‘Quirky’ law may return Kettering teen shooting death case to juvenile court
A jury in November found Gregory guilty of two counts of reckless homicide and one count of discharging a firearm. It also found itself deadlocked on five felonious assault charges in what was Kettering’s first gun-related homicide since 2007.
Gregory and Bowers were both 16 at the time of the shooting, and the defendant’s case was initially heard in juvenile court before a 2017 mandatory transfer to adult court.
Gregory was indicted on — and pleaded not guilty to — two counts of murder, five counts of felonious assault and the firearms charge.
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Because Gregory was convicted of charges that did not require mandatory transfers to adult court, the case will return to juvenile court, Montgomery County Common Pleas Judge Dennis Langer has ruled.
In that court, Gregory could face a lighter sentence, officials have said.
After a retrial on the remaining felonious assault counts, Gregory would face sentencing in adult court on all charges for which he has been convicted – with that punishment being stayed – while the case goes back to juvenile court, Langer has said.
Meanwhile, Gregory’s attorneys want all five felonious assault counts dismissed.
“The jury’s finding of guilt as to the reckless homicide charge amounted to a de facto acquittal on the felonious assault charges,” according to a motion filed by defense attorney Ben Swift.
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