Teen indicted in deadly Dayton Mall shooting

UPDATE @6:03 p.m.:

A 16-year-old Middletown boy has been indicted in the attempted robbery of Air Jordan tennis shoes and the fatal shooting of a juvenile outside the Dayton Mall on Dec. 20, 2014.

Keyan Moore will be tried in adult court and is scheduled for an April 16 arraignment in Montgomery County Common Pleas Court. Moore was indicted Thursday by a grand jury on one count of involuntary manslaughter and one count of robbery.

“Our position doesn’t change,” said L. Patrick Mulligan, Moore’s attorney. “Our position is that we will gladly defend that in court.”

Montgomery County Prosecutor Mat Heck Jr.’s office said in a press release that Moore and two other Middletown teens tried to rob two adult males. One teen, 16-year-old Jawaad Jabbar, displayed a firearm. One adult, a valid holder to carry a concealed weapon, pulled out his own firearm and fatally shot Jabbar. The adult is not being identified because he’s a robbery victim.

The prosecutor’s office said the Miami Twp. police investigation showed that Moore participated in the robbery. Under Ohio law, an individual is culpable for any death that occurs during the commission of a robbery, including the death of an accomplice.

During a probable cause hearing earlier this year in juvenile court, testimony was given from Moore’s 17-year-old friend who was cleared of charges in the same incident, some of which is captured on surveillance video. Moore said he made a ripping” football-style move to get past the victim and not run into a column.

Moore testified that he didn’t know Jabbar was planning to rob someone for the new Air Jordan shoes that were released on Dec. 20, 2014.

“Nothing surprises me,” Mulligan said of the indictment. “I was told prior to my first law school exam, ‘Never underestimate the ability of your fellow students to out-dumb you.’ That advice holds true to this day.”

One adult victim testified that after Jabbar pulled out a gun, Jabbar said, “I need it all.” The victim also said the shopping bags were ripped from his hands so hard that the plastic handles broke.

In an earlier press release, Heck said: “Juveniles, working together to rob patrons at gunpoint, in broad daylight at a crowded shopping mall, in order to steal a pair of athletic shoes is simply outrageous. We will not tolerate this type of activity in our community.”

Mulligan said he’s looking forward to presenting Moore’s defense.

“Facts are the facts,” he said. “We’re absolutely happy to go to trial on those facts.”

UPDATE @ 2:35 p.m. April 2:

Keyan Moore has been indicted for his involvement in the attempted robbery of two Dayton Mall shoppers in December that resulted in the fatal shooting of his friend.

The 16-year-old was indicted by a Montgomery County Grand Jury on one count of involuntary Manslaughter and one count of Robbery.

FIRST REPORT: A Middletown teen will be tried as an adult in a fatal shooting case of another teen during an attempted robbery at the Dayton Mall in December, a Montgomery County Juvenile Court judge ruled Tuesday.

Keyan Moore, 16, will remain held in the Montgomery County Juvenile Detention Center on $100,000 bond. He must post at least $10,000 to be released. Following a hearing, Judge Nick Kuntz ruled that Moore’s mental state allowed for the case to be bound over to common pleas court.

Moore is charged with involuntary manslaughter and robbery. The charges stem from the Dec. 20 fatal shooting outside the Dayton Mall of 16-year-old Jawaad Jabbar. Miami Twp. police said Moore was with Jabbar as they tried to rob a shopper of a pair of Air Jordan athletic shoes at gunpoint. The adult shopper, who was a conceal-carry permit holder, drew his firearm and fired the fatal shot. The shooter was not charged because he was defending himself, officials said.

Under Ohio law, someone who is involved in the commission of a robbery is culpable of any death that occurs during the commission of the crime.

Prosecutors argued the case merits being moved to adult court. They also informed the judge that Moore has been involved in several fights while being held in juvenile detention, and has been disciplined for that behavior and insubordination with the staff.

“This is obviously a very serious crime for which he is being charged. It resulted in the death of albeit a co-defendant, but it resulted in the death of somebody all over a pair of Jordan tennis shoes,” said Julie Bruns, Montgomery County assistant prosecutor.

Moore’s attorney, L. Patrick Mulligan, joined prosecutors in their motion to move the case to adult court, because, he said, a jury trial would better serve his client and his defense.

“It’s always a nice place to start a murder case when your client didn’t shoot any guns,” Mulligan said. “Our position is quite simple, and I think the facts are overwhelming and we intend to show it in court that he did not participate in the robbery.”

The case will now go to a grand jury, which will determine if Moore should be indicted.

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