The case was moved from Clark County Juvenile Court to the adult court system last fall. But court records show it has been remanded back to the juvenile system because of a recent ruling by the Ohio Supreme Court in an unrelated case in Montgomery County.
In that case, Ohio Supreme Court justices ruled that the automatic transfer, or bindover, of juveniles to adult courts is unconstitutional. For Starling, the ruling means he will face an additional hearing on Thursday, Feb. 9, to determine whether he would better be served in the adult or juvenile criminal justice system, said Clark County Prosecutor Andy Wilson.
“There are certain crimes that are so serious, if committed by a juvenile over the age of 16, as soon as you show that there’s probable cause then it’s automatically bound over,” Wilson said. “That is what the Supreme Court said was unconstitutional. They basically said all juveniles are entitled to at least have consideration as to whether or not they are amenable to stay in the juvenile court system.”
Both Wilson and John Hammond, Starling’s attorney, filed motions in December to transfer Starling’s case back to the juvenile court system. Hammond could not be reached for comment Friday.
Clark County Juvenile Court Judge Joseph Monnin will preside over the hearing in February to determine whether Starling’s case should remain in the juvenile courts or sent back to the adult system, Wilson said. Starling has already faced a probable cause hearing last fall.
The Ohio Supreme Court's decision was based on an appeal brought by Matthew Aalim, who was 16 when he was charged with a robbery in Montgomery County in 2013. Aalim's case was transferred to adult court and he pleaded no contest, was convicted on two counts and sentenced to concurrent four-year prison terms. The state court's decision to eliminate mandatory transfers means an additional hearing is needed to determine if a minor's case should be moved to an adult court.
Mandatory transfers apply to only serious charges including murder suspects and first-degree felony cases.
“We’re still pursuing having him brought over as an adult,” Wilson said. “We just have to have this step first. We have to have the court determine whether or not he’s amenable to the juvenile system or whether he needs to be transferred over.”
The Supreme Court’s ruling will not impact any other cases currently pending in Clark County, Wilson said.
Reporter Max Filby contributed to this report.
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