Teen charged in Miamisburg fatal shooting won’t get hearing this year

A decision on whether a Miamisburg teen will be tried as an adult in the July 17 fatal shooting of a 19-year-old in that city isn’t expected until next year.

The case against 17-year-old Gavin Fortney in the homicide of Calob Brooks has been pushed back to Jan. 8, 2020, when Montgomery County Juvenile Court Judge Anthony Capizzi has scheduled a probable cause hearing, court records show.

The accused teen is charged with reckless homicide, tampering with evidence and two counts of trafficking in marijuana in the death of Brooks, earlier described as a friend of the defendant, according to records.

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Fortney was initially set for a hearing Oct. 16, but prosecutors asked that date to be pushed back after they said the defense had not yet provided sought-after evidence, court documents state.

Fortney will remain in the county’s custody, where he has been since shortly after the shooting. The defendant had no criminal record prior to the shooting, officials said, and his attorney asked Capizzi to set him free.

However, Capizzi told the accused teen his release would be “a risk to the community….and a risk to you.”

Fortney was initially charged with tampering with evidence, as investigators and prosecutors said they needed more time to assess the events on North Riverview Avenue that led to the death of Brooks.

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The other charges were added in late August, when county Prosecutor Mat Heck Jr. also announced his office’s filing a motion to transfer the case to adult court.

Brooks was the second teen to die in a Miamisburg shooting since December. Three men are charged with murder in the Dec. 30 homicide of Noah Kinser, who was killed during a late-night home invasion on North First Street.

Kinser’s death was the city’s first homicide since 2011.

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