A 16-year-old Miamisburg resident will stay in juvenile detention until October, when a hearing is set to help see if he will be tried as an adult in the fatal shooting of another teen from that city.
The Oct. 16 hearing for Gavin Fortney involves reckless homicide and other charges in the July 17 death of Calob Brooks, 19, on North Riverview Avenue in Miamisburg.
Montgomery County Juvenile Court Judge Anthony Capizzi said Wednesday evidence and witnesses are expected to be part of the probable cause hearing.
Meanwhile, Fortney will remain in the county’s custody, where he has been since shortly after the shooting.
“Your lawyer fought in chambers to have me release you,” Capizzi told Fortney in court.
The judge told Fortney it is “not in your best interest or the community’s best interest” for him to be free in the interim.
Fortney was initially charged with tampering with evidence. The reckless homicide charge and two counts of trafficking in marijuana were added Friday. That’s when county Prosecutor Mat Heck Jr. also announced his office’s filing a motion to transfer the case to adult court.
Fortney sat quietly Wednesday as Capizzi explained the charges and the process going forward. In an early August court appearance, Capizzi admonished Fortney — as well as some in the courtroom gallery — for their remarks and/behavior.
Prior to the hearing, supporters of Brooks gathered outside the juvenile court building and held signs calling for “Justice for Calob.”
Capizzi told all in the courtroom that he will not allow distractions as this case moves along.
“You’re invited to be in this courtroom. You are not in any way” permitted to take photos, have signs or “act out,” he said.
If the court determines sufficient probable cause is presented at the October hearing, another court date will be set to see if Fortney is amenable to rehabilitation in the juvenile system. If not, Capizzi has the discretion to move to adult court.
“This case will be tried in my courtroom, and it will be decided by me,” he said.
Brooks was shot outside on North Riverview Avenue about 11 a.m. July 17. He was pronounced dead a short time later.
Police initially said they did not know for certain whether it was an accident or who fired the gun. In early August, Fortney was charged with tampering with evidence.
Earlier this month the prosecution asked for more time to determine if the evidence warranted further charges.
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