New defense counsel is further delaying a hearing to see if a Miamisburg teen will be tried as an adult in the July 17 fatal shooting of a 19-year-old in that city.
The case against 17-year-old Gavin Fortney in the homicide of Calob Brooks had been scheduled to be heard Wednesday before Montgomery County Juvenile Court Judge Anthony Capizzi during a probable cause hearing, court records show.
But a switch in Fortney’s counsel from Ted Valley to the firm of Rion, Rion & Rion has pushed the case back, a court official said.
The new date is Feb. 28.
The accused teen is charged with reckless homicide, tampering with evidence and two counts of trafficking in marijuana in the death of Brooks, earlier described as a friend of the defendant, according to records.
Fortney was initially set for a hearing Oct. 16, but prosecutors asked that date to be pushed back after they said the defense had not yet provided sought-after evidence, court documents state.
Fortney remains in the county’s custody, where he has been since shortly after the shooting. The defendant had no criminal record prior to the shooting, officials said, and his attorney asked Capizzi to set him free.
However, Capizzi told the accused teen his release would be “a risk to the community…and a risk to you.”
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.
Fortney was initially charged with tampering with evidence, as investigators and prosecutors said they needed more time to assess the events on North Riverview Avenue that led to the death of Brooks.
The other charges were added in late August, when county Prosecutor Mat Heck Jr. also announced his office’s filing a motion to transfer the case to adult court.
Brooks was the second teen to die in a Miamisburg shooting since December 2018. Three men are charged with murder in the homicide of Noah Kinser, who was killed during a late-night home invasion on North First Street.
Kinser’s death was the city’s first homicide since 2011.
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