Montgomery County Juvenile Court Judge Anthony Capizzi earlier this month said he found probable cause for an amenability hearing for Fortney in the July 17 shooting of Brooks, 19.
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Capizzi ruled “probable cause exists to find that (Fortney) is responsible for the commission” reckless homicide, tampering with evidence and two counts of trafficking in marijuana, according to records.
On the reckless homicide charge, Capizzi said the state has “sufficiently proven” that there is probable cause to believe that Fortney “acted with heedless indifference to consequences while disregarding a substantial and unjustifiable risk in causing the death of another.”
Brooks, a former Miamisburg High School football player, died about 11 a.m. that day after being met at the door of Fortney’s North Riverview Avenue and being wounded in the chest by a bullet, court records show.
Credit: Courtesy, friend of family
Credit: Courtesy, friend of family
Both defense and prosecutors agreed that Fortney’s DNA was found on spent casings and swabs of gun. They also agreed that documents show the defendant got “his gun to show Calob when he knew there was no safety” switch on the black semi-automatic handgun, according to court records.
Fortney first told police Brooks “brought the gun to his house, and that Calob accidentally shot himself,” according to a filing by the Montgomery County Prosecutor’s Office.
Prosecutors then said Fortney told police that he was holding the gun when it fired, fatally wounding the victim, court records show. Police found the gun over a nearby levee, where Fortney said he hid it, court records state.
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Defense attorney Jon Paul Rion said in court filings the facts “are much more in line with the negligence definition” than reckless homicide.
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