Attorneys for a Kettering teen convicted of lesser charges in a murder trial want felony counts on which the jury deadlocked sent back to juvenile court.
Prosecutors, meanwhile, say they want to retry Kylen Gregory in adult court on those five felonious assault charges in the Sept. 4, 2016, fatal shooting of Fairmont High School student Ronnie Bowers.
Court officials have said returning the case to juvenile court could result in Gregory serving fewer than three years while an adult court sentence may mean a prison term of more than 15 years.
Court documents filed Friday by Gregory’s attorney came one day after the Montgomery County Prosecutor’s Office told the Dayton Daily News it intended to retry the 18-year-old defendant in adult court on the five felonious assault charges.
Gregory and Bowers were both 16 at the time of the shooting on Willowdale Avenue in Kettering. Juvenile Court Judge Anthony Capizzi in the summer of 2017 approved the prosecutor’s office’s mandatory transfer request to adult court.
Initially, defense attorney Jon Paul Rion filed a motion asking the case be returned to juvenile court because his client was not convicted of murder, charges that required a mandatory transfer to adult court.
Under Ohio law, mandatory transfers occur for older juveniles who commit murder, are repeat felony offenders or commit felonies with a firearm.
The Nov. 30 filing by Rion specified the felonious assault counts should be returned to juvenile court.
A jury of nine women and three men on Nov. 9 convicted Gregory of two counts of reckless homicide and one count of discharging a firearm at or near a prohibited premise.