Prosecutors files motion to try teen as adult

DAYTON, Ohio (WDTN) – The Montgomery County Prosecutor’s Office said Thursday a motion was filed to try a 17-year-old as an adult for a November shooting.

The case involves the November 26 shooting death of Benjamin Warner, 32.

Prosecutors say the defendant shot and killed Warner, whose body was discovered outside a car on West Norman Avenue in Dayton on November 26. The teen was arrested the next day by Dayton Police.

READ MORE: Man found dead in Dayton backyard identified

The defendant is enrolled in the Drug Court in Juvenile Court, having been ruled delinquent on charges of possession of cocaine and resisting arrest, according to the Prosecutor’s Office.

The teen is now facing two counts each of murder, felonious assault, aggravated robbery and having weapons under disability. He is facing one count of improper handling of a firearm in a motor vehicle.

Prosecutors said Thursday, because of the very serious nature of his actions, and his prior record, a motion was filed today to have the defendant transferred to the Common Pleas Court to be tried as an adult.

Montgomery County Prosecutor Mat Heck, Jr. said, “This juvenile fatally shot a man during a robbery attempt. Since he is nearly 18 years old, the juvenile justice system is ill‐equipped to properly hold this defendant accountable. Clearly he did not benefit from being allowed to participate in the Juvenile Court’s Drug Court instead of being sentenced.”

The teen is currently in the juvenile detention center and is scheduled for a preliminary hearing before Juvenile Court Judge Anthony Capizzi December 23. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others and keep the conversation on topic and civil. If you see an inappropriate comment, please flag it for our moderators to review.

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