CINCINNATI — Defense attorneys for a 15-year-old charged with murdering a 25-year-old man claim the teen's release from the hospital was premature.
In a hearing Friday, attorneys urged the judge to release the teen back to the UC Medical Center, claiming he continues to suffer from at least seven gunshot wounds. The judge denied the request from the defense.
The teen is charged in a shooting that occurred last weekend on Short Vine Street in Corryville.
Surveillance video shared with WCPO 9 News captured the moment the suspect allegedly attempted to rob Kyle Mirick, which quickly escalated into a deadly shootout.
During Friday's hearing, the suspect's attorneys told the judge he was in too much pain even to have conversations with them.
"It is just shocking to me that after only four days, not just that he's been released, but that he's been released in a condition that appears to be significantly worse than it was on Monday," said defense attorney Travis Dunnington.
However, prosecutors pushed for the case to proceed without delay.
"This is the most serious charge in Ohio," said prosecutor Joe Otero. "We need to get this case rolling today."
Hear more from inside the courtroom in the video below:
At one point during the hearing, the suspect could be heard moaning in pain, causing a brief pause in the courtroom.
"You can take a moment," the judge said.
The teen, who was in a wheelchair, was removed from court, and the hearing later resumed without him.
"Somebody that is in so much pain that he can't even make it through a very brief hearing," Dunnington said.
The teen’s attorneys also questioned the role police played in the suspect’s release from the hospital. They claimed police woke the suspect up just hours after surgery and interrogated him in the hospital.
“We really do think that there may have been issues at the hospital with law enforcement interfering with his medical discharge,” said defense attorney Mark Anliker.
However, during the hearing, both the judge and the prosecution said they believe UCMC doctors wouldn't have wrongfully discharged the teen.
Documents obtained by WCPO show the suspect has a lengthy criminal history. Previous charges include grand theft of a motor vehicle, fleeing from police and cutting off an ankle monitor.
"I agree, this is tragic,” Otero said. “It is tragic seeing a 15-year-old shot seven times in this courtroom, but what's also tragic, is we should have seen this coming.”
Despite pleas from both the suspect's parents and defense team, the judge denied the request, ruling the teen will continue to be held at the Juvenile Center.
"I'm not a medical professional (but) obviously somebody cleared him to come back over here," the judge said.
The judge did indicate she would instruct medical staff at the juvenile center that if the suspect's condition worsens, they can return him to UCMC.
His next hearing is scheduled for April 28.
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