LIMA — A 17-year-old awaiting sentencing on a manslaughter charge for killing a man in March will have his conviction erased and his case sent back to Juvenile Court to decide whether he should be tried as an adult.
Albert McDowell pleaded guilty last month to voluntary manslaughter with a gun. He was awaiting sentencing when the Ohio Supreme Court ruled in another case that juveniles bound over to adult court must have an amenability hearing to determine whether they could be rehabilitated in the juvenile justice system.
Previously, prosecutors could seek what is called a mandatory bind over requiring juvenile court judges to send the case to adult court for certain charges if the child is old enough under the guidelines set by law.
Assistant Allen County Prosecutor Tony Miller said the case will go back to Juvenile Court and a hearing will be held to send it back to adult court. The recent high court ruling, however, means the process must begin again in adult court with presenting it to the grand jury, wiping out everything that had been done, he said.
The shooting happened March 7 outside Meat City on Kibby Street. McDowell shot Da’veon Petaway, 19. He said he did it in self-defense after Petaway began punching him.
McDowell was on the run for nearly a month as he tried to stay away from police but they were able to track him down with the help of state troopers. He was captured at a rest area near Piqua.
Police also have said McDowell was a “primary participant” in the shooting of Petaway’s brother, Kylil Florence in January 2015.
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