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The teen chose to waive his right to the hearing and Juvenile Court Judge Lori Reisinger ruled there is probable cause to continue with the case based on the narrative from the Champaign County Sheriff’s Office.
The Champaign County Prosecutor’s Office has filed a request to move Serna’s case to adult court. The severity of the charges and Serna’s age warrant an automatic bind over to adult court, Prosecutor Kevin Talebi said.
“It’s the state’s position that the court doesn’t have the discretion to retain jurisdiction and that the case should, as a matter of law, be bound over to the adult division,” Talebi said.
Serna’s defense attorney, Dennis Lieberman, filed a motion with the court for an amenability hearing — to decide if Serna is eligible for treatment in facilities available to juveniles or needs to be tried as an adult.
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The arguments are made more difficult by the recent reversal of a December Ohio Supreme Court decision that found amenability hearings are a necessity, Talebi said.
Since the Supreme Court has reversed the decision, he said, the law warrants an automatic bind over. But Lieberman disagrees.
Now the judge will have to decide which argument she agrees with.
“Based on what the judge’s decision is,” Talebi said, “we’ll take the next step.”
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Reisinger also ruled that Serna is a serious youth offender and set his bond at $1 million. Talebi argued no bond should be set for the teen.
“We believe the safety of the community is paramount and he should remain incarcerated,” he said.
But Talebi said the high bond will likely keep Serna in juvenile detention.
Serna is accused of shooting fellow classmate, Logan Cole, who was seriously injured. Cole has attended all of Serna’s court appearances and was prepared to testify on Wednesday, Talebi said.
“When you’re the victim of a crime of this magnitude, as long as the case is pending, there’s sort of uncertainty that hangs with you and it lingers,” Talebi said. “Until we have some finality, some conclusion, you can understand how the whole family and really the whole community in this particular case is going to be concerned with the outcome and ultimate resolution.”
Staying with the Story
The Springfield News-Sun first broke the news of a shooting at West Liberty-Salem High School on Jan. 20 and has closely followed the story since then, including coverage of the suspect’s legal case and efforts to improve school safety.
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