Judge believes teen should be charged in mall shooting

FILE - Police investigate shooting outside of the Dayton Mall (WDTN Photo)
FILE - Police investigate shooting outside of the Dayton Mall (WDTN Photo)

DAYTON, Ohio (WDTN) – A juvenile court judge believes the 16-year-old involved in the robbery that lead to a fatal shooting at the Dayton Mall in December should be charged.

Juvenile Court Judge Nick Kuntz found probable cause the Middletown teen participated in the attempted robbery.

The incident occurred on December 20th when three Middletown teens were at the Dayton Mall. Police say 16-year-old Jawaad Jabbar, pulled out a fully operable and loaded gun attempting to rob an adult of a pair of limited released athletic shoes. That adult had a valid CCW permit and pulled out his own gun and used it. He fired once and killed Jabbar.

According to the prosecutors office, under Ohio law, an individual is culpable for any death that occurs during the commission of a robbery, including the death of an accomplice. That’s why the Montgomery County Prosecutor’s Office has charged the other 16-year-old with involuntary manslaughter and robbery. Prosecutors declined to file charges against the third teen.

The prosecutors office filed a motion to transfer the juvenile to Common Pleas Court. There will then be a hearing to determine if the defendant should be tried as adult. The hearing is scheduled for March 3rd.

Prosecutor Mark Heck said, “This defendant should be tried as an adult for his part in the robbery and shooting death of his accomplice. Juveniles, working together to rob patrons at gunpoint, in broad daylight at a crowded shopping mall, in order to steal a pair of athletic shoes is simply outrageous. We will not tolerate this type of activity in our community.”

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