DAYTON, Ohio (WDTN) – The seventeen year old armed robbery suspect who was shot by an off duty cop on Monday, had his first day in court today. Prosecutors are seeking to have him tried as an adult.
With his arm in a sling, the juvenile stood before Judge Tony Capizzi on a charge of aggravated robbery.
Prosecutors says they want his case transferred out of juvenile court so he can be tried as an adult, and they’re planning to file additional charges.
“An aggravated robbery with a gun specification, across the street, could be three, five, seven, 10, 15 years – I don’t know,” Capizzi warned the teen and his mother who sat in court.
Capizzi noted the teen has no prior criminal history but said he couldn’t release the teen from custody – denying a request from the teen’s attorney and mother.
Barbara Martin of the Public Defenders Office said: “At this point he is innocent until proven guilty, and we would ask the court to allow him to be released on electronic home monitoring until this matter is resolved.”
The teen’s mother added: “My son has never been in trouble with the judicial system, ever.”
However, Capizzi said the teen put lives at risk – including his own.
“The charge itself is so serious, so potentially heinous, people in that gas station could have been killed, people at State Route 725 and I-75 could have been killed, police officers – on and off duty – could have been killed,” Capizzi said.
“Young man, you’re lucky that police officer didn’t kill you.”
The teen’s next court appearance is on February 20th for pre-trial.