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Updated: 5:23 p.m. Tuesday, May 22, 2012 | Posted: 5:22 p.m. Tuesday, May 22, 2012
Staff Writer
HAMILTON - A judge ruled the charges against a 17-year-old Milford Twp. youth are so serious, he will remain in the Butler County Juvenile Detention Center until his next hearing in June.
Andrew Hensley sat in court Tuesday with his head bowed and eyes closed prior to his hearing before Juvenile Court Judge Kathleen Romans. He was charged May 14 with vehicular homicide, failure to yield from a stop sign, and driving under suspension in a crash that killed Donald Herbst, 25 of Camden.
Attorney Gary McGee asked Romans to release Hensley so he can finish out his junior year at Talawanda High School. He said he has been behaving at the center and has a job at McDonald’s.
“I believe his continued detention would not be appropriate at this time, based upon his circumstances,” McGee said.
Romans said since school is almost out, and he can receive online classes at the center, she wasn’t inclined to release him.
“Based on the serious nature of the allegations in this case and also based on the fact it’s almost the end of the school year, I believe that is a better temporary disposition in the cause,” she said.
Hensley allegedly turned in front of Herbst and his motorcycle May 2 in the intersection of Ohio 177 and Harris Road.
Romans said at the June 15 hearing they can discuss whether there will be a plea or they go to trial.
Given his age and the fact he is charged with a felony, Romans could bind him over to the Butler County grand jury as an adult. Court Administrator Rob Clevenger said he doesn’t believe a bind over decision has been made yet. Prosecutor Mike Gmoser said he couldn’t comment on the case.
Hensley’s parents, Larry and Joni Hensley, who were at the hearing, have also been charged in the Area 1 court in Oxford with wrongful entrustment of a motor vehicle. Hensley was driving under a suspended license and police said parents can be held responsible in circumstances like these.
Herbst’s father Randall Herbst said he was satisfied with the judge’s decision.
“We have feelings of gratification that the judge knows and understands the severity of this case and the outcome of homicide,” he said. “We feel the court made the right decision for the man’s protection, to hold him over... so he can be therefor a fair trial and he can be represented.”
Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.
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