The murder, aggravated robbery and felonious assault charges all carry three-year firearm specifications, according to the county prosecutor’s office.
Capizzi set a $500,000 bond, and Sain remains in juvenile detention, according to the prosecutor’s office.
He is scheduled to appear today in Montgomery County Common Pleas Court. The case has been assigned to Judge Barbara Gorman, court records show.
Capizzi’s ruling came after a probable cause hearing in late January after prosecutors requested the case against the former Moraine resident be transferred to adult court.
Defense attorney Patrick Mulligan told Capizzi at the time he did not think evidence presented during the hearing warranted the case being transferred.
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No evidence was presented, he said, that Sain fired the shot that killed Graham, and “I also think there’s a serious question about the robbery issue.”
“At no point was my client asked to pay for marijuana,” Mulligan said.
Attempts to reach Mulligan on Friday were unsuccessful.
At the hearing, former high school classmates testified Sain pulled a gun on Graham before the victim was shot in a struggle with the weapon police have not found.
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The female former West Carrollton High School seniors said they were with the defendant and Graham, who they said died after a late-night drug deal gone bad outside the DoubleTree.
Both witnesses said they did not know Sain had a gun that night, the first time he met Graham.
“They were fighting and I heard a gunshot,” one of the girls testified.
Neither of the witnesses said they saw who fired the gun. However, both said after the shooting, Sain told them to get in his car, throw both of Graham’s cell phones out the window and “he wanted to make sure we weren’t going to say anything,” one girl said.
We will update this story with any new information that emerges from today’s arraignment.
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