At the time of Garcia-Tovar’s death, Spain lived on Wildbranch Road, where the shooting occurred. The case has been filed in the juvenile court system because of his age at the time of the offense.
Markeylnd Townsend, 23, was arrested two weeks after the homicide on an unrelated aggravated robbery charge in Hamilton and sentenced in April 2019 to three years in prison. While in prison, Townsend was indicted in April 2021 for murder with a gun specification and felonious assault. Townsend is accused of firing a weapon into a car full of people driven by Garcia-Tovar. He is still awaiting trial.
Spain was arraigned initially by a magistrate and ordered to remain in the county juvenile detention center. During a hearing Monday, Butler County Juvenile Court Judge Kathleen Romans ordered Spain be transferred to the county jail “because he is a threat to the safety and security of the facility.”
Specifically, the judge found evidence that Spain had displayed aggressive and violent behavior toward a staff member.
The case is not an automatic bind over to adult court. Romans will have to determine if Spain should be tried as an adult and send the case to common pleas court for grand jury consideration. A probable cause hearing is set for Oct. 14 in juvenile court.
On Monday, prosecutors also filed a motion requesting Romans send the case to adult court after the probable cause hearing.
The Journal-News does not typically name juvenile suspects unless they are tried as an adult, but it is happening in this case because Spain is now an adult.