On Tuesday, Tunstall’s uncle and mother told the judge they had retained a law firm from Florida and the attorney was in the process of getting permission to take this case in Ohio.
The case was continued until Nov. 6.
Pater ruled that because Tunstall has not waived his right to a speedy trial, which is required in 90 days if incarcerated, the days he has requested to hire an attorney would not count in that timeframe for trial.
Prosecutors say Tunstall conspired with Miquan Hubbard, 18, also of Hamilton to gun down Gilbert, an eighth-grader at Wilson Middle School.
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Hamilton police arrested Hubbard three days after the slaying of Gilbert. According to court documents, Hubbard is accused of being the shooter.
Gilbert was shot and killed at about 6:30 p.m. Aug. 29 at an apartment complex in the 800 block of Front Street, police said.
The boy died of multiple gunshot wounds, according to the Butler County Coroner’s Office. His death has been ruled a homicide.
A second victim — Datorion Marcus Burns, 19, of Hamilton — suffered multiple gunshot wounds, according to Hamilton police.
Hubbard’s case is pending in Judge Michael Oster’s courtroom.