FILED

Montgomery County Juvenile Court

December 7, 2022 11:51 AM

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

JUVENILE DIVISION

IN RE: DA'TRAYVON RAYQUAN LEE JC No. A-2022-000385-01, 02, 03, 04, 05, 06, 07,
MITCHELL 08, 09, 10, 11, 12, 13, 14, 0A
DOB: 1/23/2007

Judge Helen Wallace

JUDGE'S FINAL APPEALABLE ORDER

This matter came before the Court for an Amenability hearing on November 9, 2022. All interested parties or
persons have appeared or have been served due legal notice of this proceeding.

The following were present for the hearing: Da’Trayvon Mitchell (Juvenile); Da’Lisa Mitchell (Mother); Steven
Elliott (Attorney for Juvenile); Ann Gramza (APA); Erin Claypoole (APA); Jane Beach (Guardian Ad Litem);
Laura Fujimura (Court Psychologist).

The Court finds the following:

For 2022-000385-01, 2022-000385-02, 2022-000385-03, 2022-000385-04, 2022-000385-05, 2022-

000385-06, 2022-000385-07, 2022-000385-08, 2022-000385-09, 2022-000385-10, 2022-000385-11, 2022-
000385-12, 2022-000385-13, 2022-000385-14, 2022-000385-0A:

 A Motion to Transfer was filed by the State of Ohio requesting that this Court relinquish jurisdiction
pursuant to Sections 2151.10(B) and 2151.12(B) of the Ohio Revised Code
 Written notice was given as required by the Ohio Revised Code Section 2152.12(G); all parties
necessary were present.
 The child was represented by counsel.
 The parties previously stipulated to the child’s date of birth and age at the time of the alleged offenses.
 The child is more than fourteen years of age, to wit: fifteen (15), at the time of the alleged offenses, his
date of birth being January 23, 2007.
 The Court previously found that there is probable cause to believe that the youth committed the acts
alleged in the Complaint, Count 1 being AGGRAVATED ROBBERY 2911.01(A)(1) FELONY 1 with a
firearm specification; Count 2 being GRAND THEFT OF MOTOR VEHICLE 2913.02(A)(1) FELONY
4; Count 3 being TAMPERING WITH EVIDENCE 2921.12(A)(1) FELONY 3; Count 4 being
MURDER 2903.02(B) UNCLASSIFIED FELONY with a firearm specification; Count 5 being
AGGRAVATED ROBBERY 2911.01(A)(1) FELONY 1 with a firearm specification; Count 6 being
MURDER 2903.02(B) UNCLASSIFIED FELONY with a firearm specification; Count 7 being
 Entry Page 2

IN RE: DA'TRAYVON RAYQUAN LEE MITCHELL JC No. A-2022-000385-0A

AGGRAVATED ROBBERY 2911.01(A)(3) FELONY 1 with a firearm specification; Count 8 being

MURDER 2903.02(B) UNCLASSIFIED FELONY with a firearm specification; Count 9 being
FELONIOUS ASSAULT 2903.11(A)(2) FELONY 2 with a firearm specification; Count 10 being
MURDER 2903.02(B) UNCLASSIFIED FELONY with a firearm specification; Count 11 being
FELONIOUS ASSAULT 2903.11(A)(1) FELONY 2 with a firearm specification; Count 12 being
DISCHARGE OF FIREARM PUBLIC ROAD OR HIGHWAY 2923.162(A)(3)/(C)(2) FELONY 3 with
a firearm specification; Count 13 being FELONIOUS ASSAULT 2903.11(A)(1) FELONY 2 with a
firearm specification; Count 14 being TAMPERING WITH EVIDENCE 2921.12(A)(1) FELONY 3
with a firearm specification.
 The act(s) alleged would be felonies if committed by an adult.
 The child is more than fourteen years of age, to wit: fifteen (15) years of age at the time of the alleged
offenses, his date of birth being February 23, 2007.
 The following exhibits were admitted as evidence: State’s Exhibits 1-16 (Exhibits introduced during the
9/2 Probable Cause Hearing), State’s Exhibits 17-32 produced at the Amenability Hearing.
 Court Psychologist Dr. Laura Fujimura’s Psychological Report and Addendum were admitted as State’s
Exhibits 20 and 20a.
 The Court heard testimony from Probation Officer Johnny Vance, Dayton Police Detective Angela
Woody; Court Psychologist Dr. Laura Fujimura; Juvenile’s sibling Quandashea McDaniel; Guardian Ad
Litem Jane Beach; Detention Therapist Ashley Hall.

Pursuant to R.C. 2152.12(D), in considering whether to transfer a child under division (B) of this section, the
juvenile court shall consider the following relevant factors, and any other relevant factors, in favor of a transfer
under that division:

(1) The victim of the act charged suffered physical or psychological harm, or serious economic
harm, as a result of the alleged act.
(2) The physical or psychological harm suffered by the victim due to the alleged act of the child
was exacerbated because of the physical or psychological vulnerability or the age of the victim.
(3) The child’s relationship with the victim facilitated the act charged.
(4) The child allegedly committed the act charged for hire or as a part of a gang or other
organized criminal activity.
(5) The child had a firearm on or about the child’s person or under the child’s control at the time
of the act charged, the act charged is not a violation of section 2923.12 of the Revised Code, and
the child, during the commission of the act charged, allegedly used or displayed the firearm,
brandished the firearm, or indicated that the child possessed a firearm.
(6) At the time of the act charged, the child was awaiting adjudication or disposition as a
delinquent child, was under a community control sanction, or was on parole for a prior
delinquent child adjudication or conviction.
(7) The results of any previous juvenile sanctions and programs indicate that rehabilitation of the
child will not occur in the juvenile system.
(8) The child is emotionally, physically, or psychologically mature enough for the transfer.
(9) There is not sufficient time to rehabilitate the child within the juvenile system.
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IN RE: DA'TRAYVON RAYQUAN LEE MITCHELL JC No. A-2022-000385-0A

Pursuant to R.C. 2152.12(E), in considering whether to transfer a child under division (B) of this section, the
juvenile court shall consider the following relevant factors, and any other relevant factors, against a transfer
under that division:

(1) The victim induced or facilitated the act charged.

(2) The child acted under provocation in allegedly committing the act charged.
(3) The child was not the principal actor in the act charged, or, at the time of the act charged, the
child was under the negative influence or coercion of another person.
(4) The child did not cause physical harm to any person or property, or have reasonable cause to
believe that harm of that nature would occur, in allegedly committing the act charged.
(5) The child previously has not been adjudicated a delinquent child.
(6) The child is not emotionally, physically, or psychologically mature enough for the transfer.
(7) The child has a mental illness or intellectual disability.
(8) There is sufficient time to rehabilitate the child within the juvenile system and the level of
security available in the juvenile system provides a reasonable assurance of public safety.

The Court finds the following factors weigh in favor of transfer:

 The victim of the act charged suffered physical or psychological harm, or serious economic harm,
as a result of the alleged act. One victim in this matter, Trina Grier, was robbed at gunpoint of various
possessions, and her car was stolen. The other victim in this matter, Brandon Cooper, was shot and
killed.
 The child allegedly committed the act charged for hire or as a part of a gang or other organized
criminal activity. Although the juvenile did not confirm gang membership, the evidence shows that the
juvenile was known to frequently associate with members of a gang known as the “Hot Boys”, whom
have a history of engaging in criminal activity.
 The child had a firearm on or about the child’s person or under the child’s control at the time of
the act charged, the act charged is not a violation of section 2923.12 of the Revised Code, and the
child, during the commission of the act charged, allegedly used or displayed the firearm,
brandished the firearm, or indicated that the child possessed a firearm. The Juvenile possessed a
firearm, and did use and/or display the firearm in commission of the act(s) charged.
 At the time of the act charged, the child was awaiting adjudication or disposition as a delinquent
child, was under a community control sanction, or was on parole for a prior delinquent child
adjudication or conviction. At the time of the act(s) charged, the Juvenile was on probation through
July 7, 2022 stemming from a prior delinquency adjudication. An order was entered on or about June 28,
2021 whereby the juvenile was adjudged delinquent for an act of Receiving Stolen Property contrary to
Section 2913.51of the Ohio Revised Code, a felony of the fourth degree.
 The results of any previous juvenile sanctions and programs indicate that rehabilitation of the
child will not occur in the juvenile system. As a result of his prior adjudication, the Juvenile was
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 Entry Page 4

IN RE: DA'TRAYVON RAYQUAN LEE MITCHELL JC No. A-2022-000385-0A

placed on probation supervision with probation officer Johnny Vance, Electronic Home Monitoring
(“EHM”), participated in the Evening Reporting Center (“ERC”) program, completed restitution through
the Work Program, and a mental health assessment. According to the logs admitted, although he
completed the ERC program, the Juvenile was not participating, did not follow staff directions, and slept
during the programming. The Juvenile described his EHM as “boring.” A Violation of a Court Order
was filed against the Juvenile on November 30, 2021 after being away from home without permission
and incurring multiple school suspensions for incidents such as fighting. It was noted in the Juvenile’s
February 28, 2022 Child/Adolescent Diagnostic Assessment Update that the Juvenile had not complied
with his prior assessment from 2021. Since being detained, the Juvenile has demonstrated some positive
behaviors, and has been engaged in therapy. The Juvenile has however received several disciplinary
reports for incidents such as fighting or inciting fighting.
 The child is emotionally, physically, or psychologically mature enough for the transfer.
 There is not sufficient time to rehabilitate the child within the juvenile system.

The Court finds the following factors weigh against transfer:

 The child has a mental illness or intellectual disability. The Juvenile was not found to have an
intellectual disability. The Juvenile was previously diagnosed with reaction to Post-Traumatic Stress
Disorder, Unspecified, Conduct Disorder, Cannabis Dependence, Uncomplicated, Alcohol Use,
Unspecified. The Court does not find that these diagnoses rise to a level as to significantly weigh against
transfer.

 Upon review of the available record, including the admitted exhibits and the parties’ post hearing briefs,
the Court finds that the child is not amenable to care or rehabilitation within the juvenile system. The
Court finds that the applicable factors under R.C. 2152.12(D) indicating that the case should be
transferred outweigh the applicable factors under division R.C. 2152.12(E).
 The child is not amenable to care or rehabilitation within the juvenile system, and the safety of the
community requires that the child be subject to adult sanctions. Therefore, these cases and
DA’TRAYVON MITCHELL are transferred to the General Division of the Court of Common Pleas of
Montgomery County, Ohio, for criminal prosecution as an adult.

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 Entry Page 5

IN RE: DA'TRAYVON RAYQUAN LEE MITCHELL JC No. A-2022-000385-0A

The Court orders:

For 2022-000385-01, 2022-000385-02, 2022-000385-03, 2022-000385-04, 2022-000385-05, 2022-

000385-06, 2022-000385-07, 2022-000385-08, 2022-000385-09, 2022-000385-0A, 2022-000385-10, 2022-
000385-11, 2022-000385-12, 2022-000385-13, 2022-000385-14:

 The Motion to Transfer is GRANTED.

 These cases and DA’TRAYVON MITCHELL are hereby transferred to the General Division of the
Court of Common Pleas of Montgomery County, Ohio, for criminal prosecution as an adult pursuant to
Sections 2152.10(B) and 2151.12(B) of the Ohio Revised Code.
 DA’TRAYVON MITCHELL is certified to the Montgomery County Common Pleas Court, General
Division.
 Bond is set at $500,000.00 cash or surety as part of a blanket bond in J.C. No. 2022-000385-01, 02, 03,
04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14.
 The Juvenile is remanded pursuant to Juvenile Rule 7. Continuation of residence in the home is contrary
to the welfare and removal is in the best interest of the child.
 The attorney application fee is waived.
 Court costs and fines are waived.

Copies of the Entry / Order, and any attachments thereto, were distributed to parties and/or their counsel on the
date of time-stamp.

IT IS SO ORDERED.

JUDGE HELEN WALLACE

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 Entry Page 6

IN RE: DA'TRAYVON RAYQUAN LEE MITCHELL JC No. A-2022-000385-0A

ENDORSEMENT: The Clerk of Courts is hereby directed to serve upon all parties not in default for failure to
appear, notice of the judgment and its date of entry upon the journal.

NOTICE OF FINAL APPEALABLE ORDER

Copies of the foregoing Entry and Order, which may be a Final Appealable Order, were entered upon the
journal and distributed to the parties as indicated below, via electronic or regular mail [CivR58(B)&5(B)(2)(c)]
or in person [CivR58(B)&(5)(B)(2)(a)] on or within three (3) days of the time stamped date on this Order.Judge
Anthony Capizzi, Clerk, Juvenile Division

CC:
Da'Trayvon Rayquan Lee Mitchell, Juvenile, MCJC Detention
Dalisa Mitchell, Bio Mother, 322 Anna St, Dayton, OH 45406
Jane Beach, GAL For Child, via electronic mail
Steven Elliott, Attorney For Child, via electronic mail
Ann Gramza, APA, via electronic mail
Johnny Vance, Probation
Dr. Laura Fujimura, Court Psychologist
Bruce Graham, Detention
Montgomery County Common Pleas Court, General Division
MCJC Service Clerk
MCJC Finance Department
/MK

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