“We’re disappointed in the court of appeals' verdict,” attorney Ben Swift said. “But at this time we have no plans to appeal.”
Gregory’s is among only a few Montgomery County juvenile cases since November 2012 to go to adult court, return to juvenile and then go back to the adult system, court officials have said.
The appeals court said Friday a juvenile judge’s ruling that Gregory was not amenable to rehabilitation in the youth system after being convicted by an adult court “was not an abuse of discretion.”
The decision summary, written by Judge Jeffrey M. Welbaum, affirmed Judge Anthony Capizzi’s ruling last year to send the case back to adult court, where Gregory was convicted and sentenced.
“Although the court’s finding on one factor … was incorrect, any error was harmless, as it involved a minor point, and the court relied more heavily on other factors, including a psychological evaluation of appellant,” the summary states.
“Furthermore, the court’s decision that appellant was not amenable to rehabilitation in the juvenile system was not an abuse of discretion, nor was it against the manifest weight of the evidence,” the summary added.
Had the case stayed in the Montgomery County juvenile system, Gregory — now 20 — would have been freed in March on his 21st birthday, court officials have said.
In adult court, Gregory faced murder charges, but was convicted on lesser counts and sentenced last year to 11 years in prison minus time already served.
Gregory has been in custody since shortly after the Willowdale Avenue shooting of Bowers, who died two days later.
Bowers' mother asked the sentencing judge for the maximum of 41 years. Prosecutors pushed for at least 35 years.
The appeals court ruling stated “the juvenile court misconstrued the meaning of facilitating the offense” because Gregory and Bowers did not know each other.
“Nonetheless, the court’s error in this regard was not prejudicial” and “in our review of the record did not affect the outcome of the amenability proceeding,” it states.
During his trial, Gregory admitted to firing the shot authorities said killed Bowers, who was an innocent bystander, according to several witnesses and court officials.
Bowers was shot in the head while driving away from a confrontation in which he was not directly involved, court witnesses said.
Bowers and Gregory were both with separate groups of friends and both sides were involved in a dispute that began at AlterFest earlier that day, witnesses said.
Gregory was convicted by a jury of reckless homicide and a related charge in November 2018 in what was Kettering’s first gun-related homicide since 2007.
Gregory last year pleaded guilty to felonious assault charges — for which he was set to be retried — and received the adult court sentence that was stayed pending the juvenile court hearing.
Capizzi’s ruling followed a hearing in juvenile court, where the case was mandated after Gregory was not convicted of murder, the charge that sent the case to adult court.
Credit: HANDOUT
Credit: HANDOUT
Credit: FILE
Credit: FILE
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