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Thread: Austin Gregory Myers - Ohio Death Row

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    Austin Gregory Myers - Ohio Death Row


    Justin Back






    January 29, 2014

    Graphic details revealed in murder of Waynesville teen

    WAYNESVILLE, OH (FOX19) - Tuesday saw graphic testimony from detectives investigating the murder of a Waynesville teen. Timothy Mosley, 19, and Austin Myers, 19, appeared in court on Tuesday for a pre-trial hearing. Police say that the two admitted to creating an elaborate plan to kill 18-year-old Justin Back.

    Mosley described to police the day before the crime. He tells authorities that both he and Myers visited Back's residence to case the scene. Police say the suspects then went to Lowe's and Dollar General to purchase supplies to carry out the crime.

    The next day, the suspects went to the victim's home. Police say Back let them in.

    Warren County Sheriff's deputies were called to a residence in the 5300 block of Corwin Road on January 28 after receiving reports of a burglary. Authorities arriving on the scene say it was clear that some sort of violence had taken place at the residence.

    Further investigation revealed that Back had disappeared from the residence. Police say that the victim was choked, stabbed and shot during a robbery. Authorities say that Back's body was found later found in an undisclosed location in Preble County. Following an investigation, Mosley and Myers were arrested. Officers say Mosley is from Dayton, Ohio and Myers was homeless.

    "For all intents and purposes, it appears Justin Back was an innocent victim in this," says Sheriff Larry Sims. "There is some indication that this may have even been pre-planned to cause the death of Justin Back." Back's closest friends remember the victim as a man with a bright future. "He could always make you smile," says Josh Williams, a friend on Back's. "Don't ever take a day for granted, don't ever take anyone for granted. They might not be there tomorrow."

    No matter how difficult the day is, friends say they plan on paying tribute to Justin. "We all decided that we are going to go out and buy a bunch of his favorite drink and just drink a bunch of Yoohoos all night long and tell stories," says Seth Schrader. Back was a 2013 graduate of Waynesville High School. He was set to leave for a career in the Navy in just over a week.

    http://www.fox19.com/story/24581639/...in-waynesville

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    Warren County prosecutor to seek death penalty in homicide

    By Lawrence Budd
    The Dayton Daily News

    Two 19-year-old Montgomery County men will face the death penalty in Warren County Common Pleas Court if convicted of murdering Justin Back, the 18-year-old man stabbed to death on Jan. 28 at his home outside Waynesville.

    Timothy E. Mosley and Austin G. Myers, both of Clayton, were indicted Monday on nine counts, including aggravated murder, aggravated robbery, aggravated burglary, kidnapping, grand theft with a firearm, tampering with evidence, abuse of a corpse and safecracking.

    Warren County Prosecutor David Fornshell said they will face the death penalty if a jury finds Mosley or Myers is guilty of either of two aggravated murder charges and committed the crimes with premediation or while committing kidnapping, aggravated robbery or aggravated burglary.

    “This is just the beginning,” Fornshell said during a press conference. “It is a long and arduous process.”

    Mosley and Myers are accused of choking and stabbing Back, who was about to join the U.S. Navy, during a struggle in the kitchen of his home, along the Little Miami River, east of Waynesville.

    Back was also shot with a gun stolen, along with a safe and other property, from his family’s home before his body was dumped in woods in West Alexandria, according to authorities.

    “There’s no good reason anything like this should ever happen. They simply wanted to kill and rob Justin Back,” Fornshell said.

    Mosley and Myers are accused of planning the crime over two days, but Myers alone knew Back beforehand from time they both attended school in Waynesville.

    “Mr. Myers is probably the only person who could tell us why Mr Back was targeted,” Fornshell said. “At least initially this was his plan.”

    Mosley and Myers are accused of dumping Back’s body in Preble County.

    They were taken into custody on Jan. 29 in Clayton after questioning at the police department there.

    They remained in the Warren County Jail Monday on $1 million bond each.

    http://www.daytondailynews.com/news/...rren-co/ndZmZ/

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    Warren Co. teens face death penalty for Justin Back homicide

    WARREN COUNTY, OH (FOX19) - Two Warren County teens accused of murder will officially face the death penalty. Warren County Prosecutor David Fornshell signed the paperwork on Monday.

    Austin Myers, 19, and Timothy Mosley, 19, have been indicted on nine counts, including aggravated murder and kidnapping.

    Police say that the two admitted to creating an elaborate plan to kill 18-year-old Justin Back in January.

    Back was planning to leave for the Navy in about a week when he died. He graduated from Waynesville High School last year.

    http://www.fox19.com/story/25302260/...on-justin-back

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    Plea agreement reached in death penalty case

    By Lawrence Budd
    The Dayton Daily News

    LEBANON — A Clayton man agreed on Wednesday to plead guilty as charged in the murder of a recent Waynesville High School graduate, in exchange for avoiding the death penalty in the case.

    Timothy Mosley, 19, agreed to the plea agreement in which he also agrees to testify against Austin Myers, 19, the other defendant in the capital murder case.

    No date has been set for Mosley to enter the plea or be sentenced.

    Judge Donald Oda II told Mosley during a hearing Wednesday he would be expected to testify in the Myers trial as part of the plea agreement.

    “We anticipate you are going to be called as a witness,” Oda said during the hearing in Warren County Common Pleas Court.

    Myers is scheduled to begin a two-week trial on Monday.

    Mosley and Myers are accused of strangling and stabbing Justin Back, 18, of Wayne Twp., to death in January during a burglary at his home, east of Waynesville.

    They are then accused of dumping Back’s body in woods in Preble County, after shooting it and dousing it with septic system enzymes designed to hasten the decomposition of the body. Back was about to enter the U.S. Navy.

    During Wednesday’s hearing, Judge Oda advised Mosley that the judge was not bound by the agreement between his lawyers and prosecutors, except he could no longer be sentenced to death.

    Mosley answered,” Yes, your honor,” repeatedly as Oda briefed him on the agreement.

    Oda told Mosley that the agreement, worked out between Warren County Prosecutor David Fornshell and Mosley’s lawyer, Dennis Lieberman, calls for Mosley to be sentenced to life without parole.

    Fornshell and Lieberman declined to comment after the hearing.

    Myers’ lawyer said Mosley’s testimony would be tested on cross-examination.

    “We’re prepared to cross-examine him,” lawyer Greg Howard said. “I have no idea how he’s going to testify. We’ll just see how it goes.”

    During the hearing, Fornshell said Lieberman and Mosley “executed” the agreement on Sept. 12. After a final pretrial hearing on Tuesday in Oda’s court, Myers’s case was set for trial next Monday.

    Mosley and Myers are charged with aggravated murder, kidnapping, aggravated robbery, aggravated burglary, grand theft of a firearm, tampering with evidence, safecracking and abuse of a corpse.

    Police found a handgun, a safe and other personal belongings and work identification of Back’s stepfather, a guard at a nearby prison, after tracking Mosley and Myers the next day to Mosley’s home in Clayton, west of Dayton.

    Authorities said Myers, who knew Back from school in Waynesville, and Mosley planned and executed the crime over two days in late January.

    “Mr. Myers is probably the only person who could tell us why Mr. Back was targeted,” Fornshell said after the capital cases were filed.”At least initially this was his plan.”

    The agreement had not been filed in court Wednesday, and Oda declined to turn over the copy of the agreement he used during the hearing because it included his notes. Fornshell did not respond to requests for a copy of the agreement.

    The case began when deputies were called to Back’s home, southeast of Waynesville, on Jan. 28 about a burglary. Detectives interviewed Myers and Mosley alternately over a 10-hour period at the police station in Clayton.

    A memorial service was held for Back, a popular student and athlete, at Waynesville High School.

    Myers and Mosley remained in the Warren County Jail Wednesday, held without bond.

    http://www.daytondailynews.com/news/...er-case/nhPG9/

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    Security heavy for southwest Ohio murder trial

    LEBANON, Ohio (AP) — Heavy security has been ordered by a southwest Ohio judge hearing the death-penalty trial of one of the men accused of killing a Navy recruit whose body was found was dumped several counties away last winter.

    Nineteen-year-old Austin Myers will be brought into the Warren County courtroom through a secured entrance, and the courtroom will be cleared before he is seated. The trial starts Monday in Lebanon.

    The Dayton Daily News (http://bit.ly/1mAx7sO) reports that Judge Donald Oda II ordered the heavy security after officials received credible threats against Myers and co-defendant Timothy Mosley, who has agreed to testify against Myers in exchange for avoiding a possible death sentence himself.

    They are accused of strangling and beating to death 18-year-old Justin Back during a burglary in January.

    http://www.springfieldnewssun.com/ap...r-trial/nhRqz/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Witness admits stabbing victim 21 times in death penalty case
    Posted: 21 hours ago | By Lawrence Budd - Staff Writer
    LEBANON — A Clayton man admitted stabbing a 2013 Waynesville High School graduate 21 times during his former Northmont High School classmate’s capital murder trial in Warren County Common Pleas Court. Timothy Mosley, 19, of Clayton said he stabbed Justin Back, 18, to death in January in a panic, after realizing he ...


    Co-defendant testifies to plotting Justin Back's murder
    Posted: 20 hours ago | By Breaking News Staff, Lot Tan - Staff Writer
    WARREN COUNTY — A Clayton man recalled plotting and stabbing to death 18-year-old Justin Back in January during testimony this morning in a capital murder case in Warren County.Timothy Mosley, 19, of Clayton was testifying against Austin Myers, his co-defendant in the case.Myers, 19, of Clayton, is facing the death penalty if convicted ...


    Notebook surfaces in death penalty case
    5:56 p.m. Thursday, Sept. 25, 2014
    Justin Back’s stepfather, Mark Cates, testifies Thursday in a capital murder trial in Warren County Common Pleas Court. Austin Myers, 19, of Clayton, faces the death penalty if convicted of murdering Back, 18, a 2013 Waynesville High School graduate.


    Notebook surfaces in death penalty case
    5:56 p.m. Thursday, Sept. 25, 2014
    Austin G. Myers, 19, of Clayton faces the death penalty. He and Timothy E. Mosley, also 19, of Clayton, are accused of murdering Justin Back, 18, of Warren County.


    Prosecutors begin death penalty case in Warren County
    Posted: 3 days ago | By Lawrence Budd - Staff Writer
    LEBANON — Justin Back was stabbed 21 times before bleeding to death on the kitchen floor of his home outside Waynesville in January, the victim of a burglary that could have been pulled off without violence, prosecutors said during opening arguments Wednesday in a capital murder trial in Warren County. “Nobody had ...


    Jury being seated for Austin Myers murder trial
    Updated: 5 days ago | By Breaking News Staff, Larry Budd - Staff Writer
    LEBANON — Court officials planned to take more than two days assembling the jury in the capital murder trial of 19-year-old Austin Myers in Warren County Common Pleas Court.Judge Donald Oda II, prosecutors and lawyers for Myers began questioning potential jurors Monday in 12-person panels. They were expected to call as many ...
    An uninformed opponent is a dangerous opponent.

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    Austin Myers trial: Justin Back begged for his life, Timothy Mosley testifies, says murder was Myers' idea

    LEBANON, Ohio – When 18-year-old Justin Back begged for his life and asked two men he knew why they were trying to strangle him, 19-year-old Austin Myers answered, "It's all right, it's almost over."

    Then 19-year-old Timothy Mosley pulled out a knife and stabbed Back more than 20 times.

    Those gruesome details were revealed by Mosley and prosecutors in Myers' trial Friday.

    Mosley pleaded guilty and is testifying against Myers to avoid the death penalty.

    Mosley said Myers came up with the idea to kill Back and burglarize his parents' house because Myers believed there was $20,000 in a safe there.

    Myers and Mosley planned the murder step by step, even writing their plan in a notebook that Warren County prosecutor David Fornshell presented in court.

    The notebook contained the words "strangle" and "no mess."

    "No mess, what does that mean?" Fornshell asked Mosley on the witness stand.

    "The idea of strangling him, that way it would create no mess - pretty much be an easier job to handle," Mosley said.

    Fornshell also produced the wire that he said Myers and Mosley used to strangle Back.

    "Obviously Justin was trying to put up a fight and he wasn't overpowering us," Mosley said.

    As Back struggled, he pleaded with his killers, Mosley said.

    "A few moments after, Justin was trying to ask us why, pleading to stop and pretty much begging for his life," Mosley said.

    Mosley testified that the strangulation didn't go according to plan, and that's when he took out a knife from his pocket and stabbed Back multiple times.

    Mosley testified that they disposed of Back's body in the woods and then they opened the safe.

    What did they find?

    Mosley: "Paperwork, loose change, bullets .. just random items."

    Fornshell: "Was it what you expected?"

    Mosley: "Not at all."

    Back was killed in January a few days before he was supposed to join the Navy.

    Mosley was given a sentence of life without the possibility of parole.

    It remains to be seen whether Myers will take the stand in his own defense.

    http://www.wcpo.com/news/local-news/...lers-testifies
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Teacher 'freaked' after letter from accused killer Austin Myers

    A Northmont High school teacher said she "freaked out a bit" after reading a letter to her from Austin Myers, the 19-year-old Clayton man facing the death penalty in a trial in Warren County.

    Teacher Erin Snowden also told the jury Monday that she taught both Myers and his co-defendant Timothy Mosley at Northmont.

    Snowden said she opened the letter before realizing it was from Myers, who has been in the Warren County Jail since late January, held in connection with the murder of Justin Back, 18, in his home outside Waynesville.

    After reading the letter, Snowden said she turned it over to a school resource officer.

    "I freaked out a bit about it," Snowden during testimony in Warren County Common Pleas Court.

    Prosecutor David Fornshell said Myers sent Snowden the letter after Back was killed.

    "It specifically discussed the charges against him. It specifically discusses the places he went," Fornshell said Monday after the jury was sent home.

    Fornshell also said the letter contradicts statements Myers made to detectives.

    Judge Donald Oda II ruled the letter would not be admitted as evidence during this phase of the trial.

    Also Monday, prosecutors called employees from stores in the Dayton area where Myers and Mosley are alleged to have purchased items used in a Jan. 28 burglary during which Back was stabbed to death.

    Back's body was found in Woods in Preble County.

    The trial is expected to run for about two weeks.

    http://www.journal-news.com/news/new...-austin/nhX7f/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Closing arguments underway Austin Myers murder trial

    LEBANON — UPDATE: Closing arguments are taking place today.

    Prosecutor John Arnold said Austin Myers "chose to kill" and had opportunities to stop. He said plans may have evolved, but the goal was to kill Justin Back.

    Defense attorney John Kaspar said Myers didn't kill Justin, and that co-defendant Timothy Mosley choked and stabbed Back.

    http://www.whio.com/news/news/crime-...-austin/nhX7f/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Closing arguments have ended in Warren Co. murder trial

    LEBANON — Closing arguments have ended at a death penalty murder trial in Warren County.

    Justin Back was killed during a burglary in Wayne Township in January.

    Two men are charged in the case. Austin Myers is on trial now, facing the possibility of the death penalty.

    Timothy Mosley was also facing the death penalty, but agreed to testify against Myers in order to avoid the death penalty.

    Myers’ attorney called no witnesses and rested his case on Wednesday morning.

    Assistant prosecutor John Arnold began his closing argument against Myers, saying "He chose to kill."

    "He selected Justin as his target and he carried out his plan. That's why we're here today," Arnold said.

    But Myers' attorney called Mosley a "liar" and said "Timmy (Mosley) has a reason to save his own skin at this point."

    Jurors began deliberations just before 1 p.m. Wednesday. They have a total of nine counts to decide upon.

    http://www.wlwt.com/news/jurors-begi...trial/28350680
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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