MARIEMONT, Ohio — A 14-year-old accused of conspiring to shoot students and a teacher at Mariemont High School was ruled competent by a judge Tuesday.
Judge Kari Bloom ruled in February the boy needed this competency determination before the court would consider whether the teen would be tried as an adult.
Also during court Tuesday, the teen's attorney said the boy has been attacked in the detention facility and requested he be released to his father and monitored.
The judge denied the request, stating the teen is still a danger, and could go forward with his alleged plan if released.
The teen is charged with conspiracy to commit aggravated murder, meaning he could face life in prison if convicted as an adult. Prosecutors argued that the teen didn't need to be evaluated before being bound over to adult court, but Bloom disagreed.
"It certainly is the court's interest that if the state of Ohio wants the child bound over and sent to adult court, to face that sentence and adult prison, it gives you the same protections that an adult would have in that case, which would be requiring their competency before they stand trial," Bloom said.
The teen was charged Feb. 7 with having a "credible plot to harm students and staff." In a press conference, Prosecutor Melissa Powers said the teen conspired with an out-of-state adult to conduct a "mass casualty event" at Mariemont High School.
Powers said the teen had a hit list naming at least eight students and one teacher, and she showed texts between the two, including conversations about killing and raping people. The teen also practiced shooting weapons at a shooting range, according to an amended complaint.
After the teen's arrest, his defense team said the plot stemmed from "predatory behavior" of his alleged co-conspirator.
"It cannot be understated that this case stems from the predatory behavior of an adult male that met this impressionable young child on social media," the teen's legal team said.
The legal team also said the teen has "significant mental health challenges" including ASD (Autism Spectrum Disorder).
"To try a child in this circumstance as an adult is against everyone's interest and will not further public safety," the defense team said.
On May 3, Powers announced that the accused, out-of-state co-conspirator will not face any charges.
Powers said the 36-year-old's phone and electronic devices were seized by the FBI and sent to Mariemont police for review.
A Hamilton County Prosecutor's Office investigator also traveled to Colorado to conduct an in-person interview with the man. Powers said that investigator determined the 36-year-old had "no means or ability to participate in" the teen's plan.
"The job of the Prosecutor is to seek justice, and in this case, it has become clear that justice would not be served by criminal charges against this individual," Powers said.
Police body camera footage shows that the teen and his father spoke to police the morning before he was arrested. The 14-year-old was pulled out of class later that day and arrested once the threat was deemed credible, Mariemont police said.
The teen was arrested after he allegedly exposed his plan to Boom Swallen, another Mariemont High School student, who then told his father. Swallen, 15, told WCPO 9 that the accused teen said he would "kill [him] as fast as possible" if he told anyone about his plan.
Swallen said he immediately had to tell someone and that he did so because he cares about people.
The 14-year-old is set to return to court on June 11 at 10 a.m.
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