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Juvenile arraigned for attempted murder

The third defendant in the case of attempted murder of Devon Ours was arraigned Friday in Washington County Common Pleas Court.

Isaiah Campbell, 17, of 5665 Veto Road, Belpre, appeared from the Washington County Juvenile Center via teleconference to plea not guilty before Judge Mark Kerenyi.

“This is a bind over case, my understanding is he has had a bind over hearing in the juvenile court and it’s been bound up to this court,” said Kerenyi. “And he’s now been indicted.”

Campbell was indicted this week by a Washington County Grand Jury to be tried as an adult for attempted murder, a first-degree felony.

Co-defendants include Steven Andrew Osborne, 19, of 529 Federal Road, Little Hocking, and Sierah Caldwell, 18, of 3719 Blue Knob Road, Apt. B, Marietta.

Both have previously been arraigned by Kerenyi for attempted murder and aligning charges with a plea of not guilty by Caldwell and a plea of not guilty by reason of insanity by Osborne’s attorney.

Appearing as defense counsel Friday for Campbell was attorney Eric Fowler, who noted for Kerenyi that he has been retained rather than appointed by the state to defend Campbell.

Kerenyi then explained to Campbell how Friday’s hearing would serve differently than that of juvenile court, where Kerenyi has also in the past served as a magistrate under Juvenile and Probate Judge Tim Williams before being elected into the common pleas post.

“Since we’re in adult court now, things are a little different,” he explained to Campbell. “I know in juvenile court you admit or deny, here I’ll tell you about the different types of pleas.”

Kerenyi reminded Campbell that he’s been indicted of the first-degree felony offense and that “the state must prove to obtain a conviction, that on or about Feb. 12, 2021, at 3719 Blue Knob Road, Apt. B, … you did purposely or knowingly and with purpose or knowledge sufficient culpability for the commission of the offense, you did engage in conduct that if successful would constitute or result in the offense of murder … they say you did try to purposely cause the death of another.”

He explained the prison term requirements for the offense if convicted, noting that Campbell is facing a minimum of three to 11 years and a maximum sentence of 11 to 16.5 years in prison, in addition to a fine of up to $20,000.

But because Campbell is still a minor through the middle of this year, an added layer of sentencing requirements may apply, explained Fowler following the hearing.

Fowler noted that a blended sentence between juvenile incarceration and adult incarceration could also be considered by the court if Campbell is convicted of attempted murder or an underlying lower offense.

“Also, there’s a presumption that you’d have to enroll in a violent offender database,” said Kerenyi. “I’ll give your attorney a copy of a form I’ve come up with. It basically alleges if you’re the non-principal offender you may be able to avoid registration.”

Fowler explained that the non-principal offender option would require either proof, or agreement between defense and prosecution.

“If it can be proven or the state agrees, then that person wouldn’t have to register,” said Fowler of the option as it relates in general to sentencing requirements.

Washington County Prosecutor Nicole Coil in both the arraignments for Caldwell and Osborne also referenced a video filming the attack on Ours that put him in critical condition.

“Typically in cases like this, the whole thing’s not on video,” said Fowler. “The evidence is going to bear out that Isaiah Campbell is not the primary assailant in the case.”

Plea deals, changes of pleas and other such changes between Friday and trial dates are standard steps within the criminal judicial system, Fowler acknowledged, echoing outlines Kerenyi gave in court Friday, as initial trial dates in May are already presumed to be delayed with the assessment of Osborne’s competency to stand trial and to participate in his own defense.

“I’m going to set our case for the same dates we set for the other two,” Kerenyi told Campbell during the hearing. “But I’ll just note for the record that those dates have all been stayed because [of the suggestion] of incompetence.”

The state must offer, Kerenyi noted, a written plea offer no later than April 5, with a trial date currently scheduled for May 4.

When Fowler asked Kerenyi if bond would be argued in the adult or juvenile court, he was informed that Juvenile Court retains jurisdiction over the custody and/or decision to bond Campbell.

According to Coil, Ours is no longer in Marietta Memorial Hospital, but is still recovering from injuries sustained.

Online auctions, raffles and other fundraisers have filled social media channels since the February incident, organized both by peers and friends of Ours and by that of Osborne’s family.

A spaghetti dinner benefit is scheduled for Saturday, March 20, between 4 and 7 p.m. at the Washington County Fairgrounds’ Civitan building at 922 Front St., in Marietta.

According to organizers, 100 percent of the donations received will go to Devon and his family.

Janelle Patterson may be reached at jpatterson@mariettatimes.com.

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