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Judge says there's enough evidence to send Bricktown shooting suspect to trial

Hearing to determine whether Avery Myers, 16, will be prosecuted as an adult awaits youth charged with eight counts of shooting with intent to kill.
by Tim Willert Published: August 24, 2012

A judge said Friday there is enough evidence to prosecute a teenager accused of shooting eight people after a Thunder playoff game.

But before Associate District Judge Richard W. Kirby can send Avery Eugene Myers to trial he must decide whether the youth will be tried as an adult.

Myers, 16, of Oklahoma City, is charged as a youthful offender with eight counts of shooting with intent to kill. The shootings took place after a May 21 game between the Oklahoma City Thunder and the Los Angeles Lakers.

Prosecutors want Myers tried as an adult. If convicted as an adult, he could spend the rest of his life in prison.

If convicted as a youthful offender, Myers could be held in a juvenile treatment facility only until five months after his 18th birthday. However, he also could be ordered to prison if he fails to complete a treatment plan.

Defense attorneys, who claim Myers acted in self-defense because he felt threatened, want him certified as a juvenile. If convicted as a juvenile, Myers would be released on his 19th birthday, regardless of whether he completes a treatment plan.

The judge will decide in October whether to certify Myers as an adult, youthful offender or a juvenile.

All but one of the victims took the stand during the preliminary hearing for Myers, which concluded Friday in Oklahoma County juvenile court.

Five of the victims identified Myers as the shooter.

The eighth victim did not complete her testimony Friday, as expected. Deawana Jones was ordered to appear by the judge after she failed to show up for court on Thursday.

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