Twenty years later, police in Hamilton County investigating a report of shots fired near Carnes’ home found DNA evidence on a gun linked to Carnes. He was charged with aggravated menacing and having a weapon under a disability — the basis for the disability charge was his juvenile conviction.
Carnes argued at trial that the disability charge should be dismissed, given he was not represented by an attorney in juvenile court in 1994. The trial court denied his request and he was convicted and sentenced to 30 months in prison. Carnes lost his subsequent appeal and again at the Supreme Court.