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Court date reset for Dayton teen suspect shot by Miami Twp. police

Published: Monday, April 16, 2018 @ 9:32 AM


            A 17-year-old Dayton Dunbar High School student is accused of robbing a Miamisburg gas station near Interstate 75 before being shot twice by an off-duty Miami Twp. police officer. FILE PHOTO
A 17-year-old Dayton Dunbar High School student is accused of robbing a Miamisburg gas station near Interstate 75 before being shot twice by an off-duty Miami Twp. police officer. FILE PHOTO

A hearing on whether a 17-year-old robbery suspect from Dayton shot by an off-duty Miami Twp. police officer will face adult charges has been delayed.

A hearing for the Dunbar High School student is accused of robbing a Miamisburg gas station Feb. 5 had been scheduled for this afternoon. But it has been rescheduled for June 22, according to Montgomery County Juvenile Court Judge Anthony Capizzi’s office.

RELATED: Off-duty officer cleared in teen robbery suspect shooting

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The teen is charged in juvenile court with seven counts of aggravated robbery, one count of felonious assault on a police officer, one count of impersonating an officer and a weapons charge, according to court records.

The teen was twice wounded in the right arm by James Swearingen after the off-duty officer fired at the suspect, who was seeking to flee the volatile Miamisburg crime scene scene near Ohio 725 and Interstate 75 through attempted carjackings, authorities said.

RELATED: Judge: Gun-toting defendant endangered hundreds of lives

A grand jury cleared Swearingen of any charges.

The charges against the teen includes an accusation that he “did discharge the firearm at a peace officer or corrections officer while committing the offense,” court records show.

The suspect remains in juvenile detention.

RELATED: Suspect’s claim led DEA agent to suspect shooting was officer vs. officer