BY TIM WILLERT twillert@opubco.com
The case against a teenager accused of shooting eight people after an Oklahoma City Thunder playoff game is on hold pending an appeal by his attorneys.
Avery Eugene Myers, 17, of Oklahoma City, is charged with eight counts of shooting with intent to kill, or in the alternative, eight counts of assault and battery with a deadly weapon.
He could spend the rest of his life in prison if convicted.
Defense attorneys appealed after a juvenile judge ruled last month that Myers will face trial as an adult.
A pretrial conference for Myers was postponed Thursday after the judge now hearing his case learned a stay had been granted until May 23, when the state court of criminal appeals is scheduled to hear arguments.
The shootings took place after a May 21 game between the Oklahoma City Thunder and the Los Angeles Lakers.
The attorneys for Myers claim he acted in self-defense because he felt threatened by a group of people after previously getting into fights with two groups of men.
Prosecutors allege Myers went back to his car after a confrontation and then fired into a group of mostly unarmed teenage girls.
Associate District Judge Richard W. Kirby considered testimony from five mental health experts over a four-month period before rejecting a motion by defense attorneys to have Myers certified as a juvenile.
“The court finds compelling the testimony of each of the mental health experts in this case and that none of these professionals recommend that the defendant be certified as a juvenile,” Kirby wrote in his ruling.
If convicted as a juvenile, Myers could be released on his 19th birthday, regardless of whether he completes a treatment plan.
Myers is due back in court June 26.
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