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Shopper Cleared By Prosecutor's Office In Dayton Mall Shooting

Two teenagers who were with a 16-year-old boy who was shot by an adult outside the Dayton Mall last month have been charged with his death. The shooter has been cleared on the basis of self defense.

The Miami Township Police Department says 16-year-old JawaadJabbar attempted to steal a pair of shoes from a man with a concealed carry permit on Dec. 20. The permit holder took out his gun and shot Jabbar once. He died later in the hospital. The Montgomery County Prosecutor’s Office says the shooter will not be charged and his name hasn’t been released.

But Jabbar had two friends with him at the time and the prosecutor’s office charged them with what’s called felony murder. Since they were with Jabbar during the crime, they can be held responsible for his death. One of the teens has since had the charges dropped, but the other, who is 16, remains in jail.

“Their lives are completely disrupted. They’re separated from their families and they’re incarcerated despite the fact that they’re innocent. And that’s where my client finds himself now. And that’s a tragedy in and of itself,” attorney L. Patrick Mulligan said.

Mulligan says his client will go before a panel Friday to review the evidence and points out the 16 year old has no previous record.