Prosecutors will seek to try a Miamisburg teen accused of shooting to death another teen as an adult.
Montgomery County Prosecuting Attorney Mat Heck, Jr. announced today that he would seek to try the 16-year-old Gavin Fortney as an adult, charging him with reckless homicide and two counts of trafficking in marijuana in the July 17 death of Calob Brooks on North Riverview Avenue in Miamisburg.
The accused teen has been charged in juvenile court with tampering with evidence. He is set to return to court next week.
Additionally, a motion has been filed to transfer the defendant to be tried as an adult, due to “the serious nature of the crimes and the defendant’s age,” according to the prosecutor’s office.
If the juvenile court finds probable cause that the defendant committed the offenses, the transfer would be discretionary, requiring an amenability hearing, according to the prosecutor’s office
Prosecutor Heck continued, “Once again, a teen in our community has died as a result of being shot by another teen who should have never been in possession of a firearm,” Heck said in a statement.
Juvenile Court Judge Anthony Capizzi and residents of Riverview have described the accused teen and Brooks as good friends. Miamisburg police have said they are not sure who fired the gun or whether the shooting was an accident.
Assistant Prosecutor Ann Gramza said earlier this month more time is needed for “additional testing information from the Miami Valley Regional Crime Lab and completion of other parts” of the investigation.