Dayton Daily News

Court ‘abused’ discretion, man claims, in fatal shooting of teen

- ByNickBliz­zard Contact this reporterat 937-610-7438 or email Nick.Blizzard@coxinc.com.

An appeal is set DAYTON— to be heard in the case of a Kettering man convicted in the shooting death of a Fairmont High School student in 2016, when both were 16.

The attorney for Kylen Gregory, now 20, said the Montgomery County Juvenile Court abused its discretion­when it ruled the defendant was not amendable for rehabilita­tion in that system for the death ofRonnie Bowers, court records say.

Prosecutor­s, however, said juvenile court JudgeAntho­ny Capizzi’s ruling was “based upon the totality of the evidence presented and after careful considerat­ion of all factors,” according to documents. A three-judge panel in the 2nd District Court of Appeals in Dayton is scheduled to hear oral arguments remotely Tuesday, the court docket states.

Gregory’s case was transferre­d fromjuveni­le court to adult court, where he was indicted on murder and related charges for the Sept. 4, 2016, shooting of Bowers, who died two days later.

Gregory testified he did not know Bowers, whom

authoritie­s called “an innocent bystander.” Neither of the t wo were ini - tially involved in the dispute that started at AlterFest and endedonWil­lowdaleAve­nue, according tocourt witnesses.

Gregory was sentenced to 11 years in prison, minus time servedafte­r being found guilty by a Montgomery CountyComm­onPleasCou­rt

jury on lesser charges after admitting to firing the shot authoritie­s said killed Bowers. Gregory later pleaded guilty to additional lesser offenses in the case.

Because he was not convicted of murder, the case went back tojuvenile court to assesswhet­her the defendant was a candidate for rehabilita­tion in that system.

The juvenile court ruled last year thathewas not. Had the case stayed in the juvenile system, Gregory would have been freed on this 21st birthday, court officials said.

The “juvenile court’smisapplic­ation of guideline factors has led to an unreliable assessment” of Gregory’s amenabilit­y “to rehabilita­tion in the juvenile system,” defense attorney Ben Swift wrote in an appeals court filing.

The juvenile court’s “decision-making was arbitrary in the sense that the court ignored many favorable aspects” of defendant’s rehab progress “while highlighti­ng other that were less significan­t. Thus, the court abused its discretion in thismatter.”

Yet, prosecutor­s stated in appeals court filings that the juvenile court’s decisionwa­s “based upon the totality of the evidence presented and after careful considerat­ion of all factors.”

“The juvenile court properly found” the case should stay in adult court, noting that“isnotanabu­seofdiscre­tion andmust stand,” court records show.

The case is being heard by judgesMary­Donovan, Jeffrey Froelichan­dJeffreyWe­lbaum, according to court records.

 ?? NICK BLIZZARD / STAFF ?? Kylen Gregory is flanked attorneys Ben Swift (left) and Jon Paul Rion during his sentencing hearing. Gregorywas sentenced to 11 years minus time served for the 2016 fatal shooting of Ronnie Bowers in Kettering.
NICK BLIZZARD / STAFF Kylen Gregory is flanked attorneys Ben Swift (left) and Jon Paul Rion during his sentencing hearing. Gregorywas sentenced to 11 years minus time served for the 2016 fatal shooting of Ronnie Bowers in Kettering.
 ??  ?? Ronnie Bowers
Ronnie Bowers

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