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Defense team for teen accused of plotting school shooting at Mariemont HS say he shouldn't be tried as adult

Mariemont HS
Posted at 1:24 PM, Feb 09, 2024
and last updated 2024-02-09 23:21:52-05

MARIEMONT, Ohio — The legal team for a 14-year-old charged with plotting a shooting at Mariemont High School says this stemmed from "predatory behavior" of his alleged co-conspirator.

The teen was arrested Wednesday after it was found that he had a hit list including at least eight students and one teacher at the high school. The teen was planning to shoot those on the list in the near future with a firearm acquired from his household, Hamilton County Prosecutor Melissa Powers said.

The teen was allegedly working with an adult, who is between 22-24 years old, Powers said. The teen's legal team said the two met on social media, and Powers shared text messages between the two Thursday at a press conference, including conversations about killing and raping people.

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The plan was thwarted by police after they were tipped off by another student. Zach Swallen said his son became aware of the other student’s threat to shoot students within the school and called his father to tell the story — despite having been threatened directly.

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On Friday, FBI Cincinnati said Colorado Springs police were investigating the alleged co-conspirator but no arrests have been made.

Cyber security expert Dave Hatter with Intrust IT says it was probably fairly easy for law enforcement to track down the co-conspirator.

“It appears to me realistically speaking they weren’t doing anything to cover their tracks," he said.

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He said nothing is ever truly private through digital communication.

“For your average person, if you’re doing something illegal and you’re putting it in any sort of digital form email, text, messaging, whatever, you are asking for trouble because you’re leaving a potentially permanent digital trail," he said.

The 14-year-old has been charged with conspiracy to commit aggravated murder, and Powers wants the teen to be tried as an adult, meaning he could face life in prison if convicted.

"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). They also said he never had access to firearms.

"To try a child in this circumstance as an adult is against everyone's interest and will not further public safety," the legal team said.

The 14-year-old is set to next be in court Wednesday, Feb. 21.

"Children should not fear coming to school," Powers previously said. "Teachers should not fear that their students will cause harm to them or their classmates."

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