Convicted murderer Jevontai Ingram has run out of second chances.
An Oklahoma County judge last week ordered his arrest after he failed to appear at a court hearing to assess his progress on probation.
Prosecutors said Thursday said they will ask the judge to send him to prison.
Ingram is the armed drugstore robber who spent three years in custody after pharmacist Jerome Ersland fatally shot an accomplice in 2009. Ingram was 14 at the time of the robbery attempt in south Oklahoma City.
He spent another four months in custody after he vandalized his mother's car in September. He was put on probation in February after pleading guilty to a misdemeanor.
Ingram, now 18, had not been arrested yet Thursday night.
The outcome of Ingram's case has been widely debated because Ersland was convicted at trial of first-degree murder over the shooting.
Ersland, 61, is serving a life sentence in prison.
Ingram was supposed to be living with an aunt in Texas while on probation but prosecutors suspect he has returned to Oklahoma City. Ingram last posted a photo of himself on Facebook May 3.
“He hasn't complied with his rules and conditions of probation,” District Attorney David Prater said.
Defense attorney Michael Johnson said he will oppose any request to send Ingram to prison. The attorney said Ingram did move out of his aunt's place because she charged him rent.
The attorney said Ingram has sent text messages that state he is still in Texas. The attorney said Ingram may not have known he had to show up at last week's hearing.
The attorney also said, “What happened was: David (Prater) and I tried to be damn social workers to this kid and get him in the best environment possible when, honestly, there's no environment to put him in. … He's got his apartment. He's got his girlfriend down there. He's working at a car wash, supposedly … and he just wants people to leave him alone.”
Prosecutors gave Ingram a break in his murder case for his testimony against the two men who recruited him to rob the Reliable Discount Pharmacy in south Oklahoma City. Both are now in prison, in part because of his cooperation.
He pleaded guilty to first-degree murder because his friend, accomplice Antwun Parker, 16, was killed. His time in custody included stays in the Oklahoma County jail and juvenile facilities.
His deal required him to stay out of further trouble. Prosecutors could ask the judge to order Ingram to serve up to a life term in prison. They likely will seek a shorter stay. Ingram is no longer eligible for juvenile detention.
Ersland is appealing his murder conviction.
Prosecutors alleged Ersland was in the wrong because he shot the second robber five more times after knocking him unconscious with a shot to the head. Prosecutors also pointed out at trial that the second robber did not have a gun and was on the floor when he was shot the last five times.
Jurors agreed with prosecutors. They rejected Ersland's claim that he was justified in his actions because he was defending himself and two female employees. His pharmacy license expired after he went to prison.