2008 Woodie Awards
Students involved in Ferraro's death to appear in court hearing
Kellyn Moran
Issue date: 1/25/08 Section: Campus
Two University juveniles charged in connection with the death of former Miami sophomore Daniel Ferraro appeared in court Thursday.
The 14- and 15-year old West Chester residents, along with Ferraro and 19-year-old Robert Moser, were allegedly attempting to blow up a fort in Ferraro's backyard with a homemade pipe bomb when Ferraro suffered fatal head injuries. The 14-year-old faces one charge of involuntary manslaughter and one charge of illegally making explosives. The 15-year-old faces one charge of involuntary manslaughter and one charge of illegal possession of explosives.
Michael Gmoser, attorney for one of the juveniles, said the pretrial hearing for both boys has been set for March 12.
"(We) won't do anything with the juveniles until the adult case is further along," Gmoser said.
During Thursday's hearing, Gmoser filed a written motion on behalf of his client to terminate home incarceration, a move that was opposed by the prosecutor.
"But the judge agreed with my argument and the argument of the probation office," Gmoser said. "(The incarceration) is done away with, and (the juvenile) is under the rules of pretrial release in the juvenile system."
He explained that the juvenile is now free on bond as long as he doesn't violate the terms of the release.
One direction the case could go is to relinquish the juveniles to the General Division Court System, where they would be tried as adults. However, Gmoser said that no one has asked that his client's case be relinquished.
Gmoser has been working independent of the attorney representing the other juvenile, but said that some of the interests and issues are the same.
Both attorneys are interested in the progress of the Moser case, which was turned over to a grand jury during the week of Jan. 14. Moser was charged with involuntary manslaughter and unlawful possession of dangerous ordinance.
Robin Piper, prosecuting attorney of Butler County, said that now a prosecutor must present a case to the grand jury as to whether Moser should be indicted. This will likely happen in the next few weeks.
The 14- and 15-year old West Chester residents, along with Ferraro and 19-year-old Robert Moser, were allegedly attempting to blow up a fort in Ferraro's backyard with a homemade pipe bomb when Ferraro suffered fatal head injuries. The 14-year-old faces one charge of involuntary manslaughter and one charge of illegally making explosives. The 15-year-old faces one charge of involuntary manslaughter and one charge of illegal possession of explosives.
Michael Gmoser, attorney for one of the juveniles, said the pretrial hearing for both boys has been set for March 12.
"(We) won't do anything with the juveniles until the adult case is further along," Gmoser said.
During Thursday's hearing, Gmoser filed a written motion on behalf of his client to terminate home incarceration, a move that was opposed by the prosecutor.
"But the judge agreed with my argument and the argument of the probation office," Gmoser said. "(The incarceration) is done away with, and (the juvenile) is under the rules of pretrial release in the juvenile system."
He explained that the juvenile is now free on bond as long as he doesn't violate the terms of the release.
One direction the case could go is to relinquish the juveniles to the General Division Court System, where they would be tried as adults. However, Gmoser said that no one has asked that his client's case be relinquished.
Gmoser has been working independent of the attorney representing the other juvenile, but said that some of the interests and issues are the same.
Both attorneys are interested in the progress of the Moser case, which was turned over to a grand jury during the week of Jan. 14. Moser was charged with involuntary manslaughter and unlawful possession of dangerous ordinance.
Robin Piper, prosecuting attorney of Butler County, said that now a prosecutor must present a case to the grand jury as to whether Moser should be indicted. This will likely happen in the next few weeks.
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