RELATED: Police: Teens to face charges in Kettering shooting
Two teens who said they were with Gregory the night of Sept. 4 testified against Gregory Jan. 30 as a part a sealed plea agreement. They told the court Gregory fired a shot that officials said struck Bowers in the head as the 16-year-old drove away from a confrontation around 9 p.m. on Willowdale Avenue.
RELATED: State seeks adult charges against teen in Kettering homicide
The shooting occurred shortly after Bowers and friends left AlterFest, where police said an ongoing “beef” rekindled between them and Gregory’s friends. Bowers died two days later in what was ruled Kettering’s first gun-related homicide since 2007.
Capizzi said he found the two teen witnesses – ages 17 and 15 – credible. Yet he sentenced both to maximum terms after they pleaded guilty to felony tampering with evidence, and misdemeanor assault and aggravated menacing. They both could stay in custody until their 21st birthday.
RELATED: 2 teens strike plea deal to testify in Kettering homicide
Capizzi said psychological reports “should give me their opinion about the youth and their social background - their ability to receive treatment. But do not give the court a legal opinion on whether or not the youth is amenable to treatment or not.”
However, Swift countered, “I think there’s ample case law in this situation psychologists can offer an opinion on that and – I understand what the court is saying.
RELATED: Two teens sentenced for role in Kettering homicide of Fairmont student
“However, I think legally that can be done and it’s been done in (many) cases,” he added.
Aside from Williams, potential witnesses for the defense, court records show, include:
-The Rev. Bernadine Smith, a character witness;
-Charlene Bayless, a character witness;
-Jen Perkins, a character witness;
-Marie Wehner of Fairmont High School;
-Three county juvenile detention officers.
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Court records also indicate the defense may call “…all witnesses listed and/or named in any police and/or sheriff’s report, the authors of any of the documents or reports received by the defendant from the state…”
In addition to Fujimura. records show possible witnesses for the prosecutor include:
-Colleen and Patrick Mallory of Willowdale Avenue;
-Kettering police Det. Greg Stout.
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