In re I.S.

Citations

• 2023 Ohio 3975

Syllabus

Delinquency bindover probable cause aggravated murder murder aggravated robbery discharge of a firearm on or near prohibited premises felonious assault improperly handling a firearm in a motor vehicle. We reverse the juvenile court's order denying the state's motion for a mandatory bindover and remand with instructions to enter a mandatory transfer order. The evidence presented at the probable-cause hearing supported a fair probability that the victim was shot to death on a public roadway and robbed of, at least, the marijuana he had brought with him to sell. The evidence supports a fair probability that the juvenile — the only person who approached the victim's car on the side where the shots seem to have been fired, who placed himself at the spot from which those shots seem to have come and whose story about another shooter from the passenger side is contradicted by forensic evidence — pulled the trigger. At this stage of the proceedings, the state need not prove the truth of its allegations against the juvenile beyond a reasonable doubt. It need only establish probable cause, which it did. Judgment reversed and case remanded.