In a motion filed Friday, Smith’s court-appointed attorney, Chris Frederick, requested the court appoint Lisa Taylor-Austin of Taylor Austin Group as a “gang expert” to assist in Smith’s defense.
“In order to guarantee defendant a fair trial, it is essential that defense counsel be provided with assistance of all reasonably necessary experts. Defendant requires the assistance of an expert for preparation of his defense,” Frederick wrote in the motion.
He did not elaborate about how the gang element would be presented in the case.
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A hearing was scheduled for Tuesday, but it was cancelled.
The incident was captured on video, and a witness identified Smith as the shooter, according to court documents.
While binding Smith’s case over to adult court in August, Judge Ronald Craft also ordered Smith be moved from the county Juvenile Detention Center to the Butler County Jail because “there is great concern about his conduct while at JDC.”
Smith was arrested July 11, and the judge said that during his time at the detention center the teen was involved in a fight and made inappropriate comments to staff.
A trial date of Feb. 24 was set for Smith in November by county Common Pleas Judge Greg Stephens.
Prosecutors declined comment about the expert request until a hearing is held.
Smith remains behind bars in lieu of a 2 million bond
Documents filed by the prosecution on Oct. 2 included more than 30 pieces of evidence, according to court documents.
Evidence includes 18 videos from various residences and businesses, five search warrants, photos of recovered firearms and clothing, and audio recording of the defendant’s statement.
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