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Suspects in Ybor City shooting appear in court
Lloyd Sowers reports
YBOR CITY, Fla. - Fourteen-year-old Kayden Abney was in trouble with the law even before he allegedly brought a gun into the late-night crowd in Ybor City and fired a lethal shot.
The Tampa Police Department arrested Abney and charged him with 2nd-degree murder in the shooting death of 20-year-old Harrison Boonstoppel, one of two people who were killed in the downtown shooting on 7th Avenue. Sixteen were injured.
READ: 2 suspects in fatal Ybor City shooting make 1st court appearances
But before that night, Abney was facing unrelated juvenile charges. Doctors examined him then and found him competent, but this is a different case.
At a court hearing in Tampa on Monday, Abney’s defense attorney suggested that she may want another competency evaluation of the 14-year-old who is being tried as an adult for his charges.
"The competency doesn't have to do with his age," said criminal defense attorney Anthony Rickman, who is not involved in the case. "Competency deals with: Does he have a mental condition that prohibits him from understanding the charges against him and aiding in his defense?"
Crime scene tape in Ybor City after fatal shooting.
Abney pleaded not guilty. If there is another competency evaluation, it would likely happen in jail.
But, Rickman says the case would continue regardless of the outcome of the evaluation, though it could cause a delay.
Dwayne Tillman (left in pink) and Kayden Abney (right in orange)
"If he’s found to be incompetent the case doesn't get dismissed. It doesn't go away," Rickman said. "There’s a restoration process that the defendant will go through to restore his competency."
Prosecutors are expected to ask Judge Robin Fuson Tuesday to keep Abney in jail until his trial without bond.
Abney is one of two 14-year-olds who were out on the street in the early morning hours of October 29 when bullets were flying. The other was one of the two victims who died in the gunfire.
Dwayne Tillman, 21, was arraigned alongside Abney for his own role in the shooting.