Friday, July 21, 2000
Boy, 16, charged with murder
He'll be tried in adult court in fatal shooting of West Chester man
By Steve Kemme
The Cincinnati Enquirer
HAMILTON — A 16-year-old boy with a history of drug offenses will be tried as an adult in the July 5 shooting death of a West Chester man.
After listening to two witnesses say they saw Sedrick Franklin point a gun seconds before the shooting, Butler County Juvenile Court Judge David Niehaus ruled Thursday there was probable cause to charge Mr. Franklin with murder.
A state law concerning juveniles 16 or older who are charged with murder required the judge to bind Mr. Franklin over to the adult court system.
Judge Niehaus also decided Mr. Franklin must be tried as an adult on a felonious assault charge that stems from the shooting, and on two previous drug charges.
He noted that the alleged drug sale and shooting occurred after he allowed Mr. Franklin to remain free on probation after the previous charges of trafficking in drugs and possession of drugs.
“He's on probation and there he is back on the street selling drugs,” Judge Niehaus said. “... This court has nothing more to offer him.”
The judge set bond for Mr. Franklin at $250,000 on the murder and felonious assault charges and $2,500 on each drug charge.
He called him a potential danger to the community.
Scott Wyatt testified that Mr. Franklin pointed a gun at him after they had a dispute over a crack cocaine sale at Ninth and Ludlow streets in Hamilton on the evening of July 9.
Mr. Wyatt said he demanded his $40 back from Mr. Sedrick because what he had sold him was not crack cocaine.
Mr. Wyatt said he heard three gunshots as he and a friend, Bruce Hennig, escaped in his car.
“My car window popped out in back,” said Mr. Wyatt, who is now in the Butler County Jail on a parole violation. “A block later, I turned to say something to Bruce and saw that he had been shot. I pulled over and called 911.”
Mr. Hennig, 58, died of gunshot wounds to the face and neck, police said.
Toni Rae Bundy testified that she was with Mr. Franklin when he sold the disputed crack to Mr. Wyatt. Ms. Bundy, who admitted she's a drug dealer and a crack user, said she saw Mr. Franklin point the gun, but didn't see him pull the trigger.
Mr. Wyatt also said he did not see Mr. Franklin fire the shots.
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