Lawyers want 2nd look at death sentence of Warren County convicted killer
Austin Myers (FOX19 NOW/FILE)
Austin Myers (left) is on Death Row for the 2014 killing of Justin Back. Timothy Mosley (right) was sentenced to life with out parole. (Photos: Ohio Department of Corrections)
COLUMBUS, OH (AP) -
A condemned killer from the Tri-State wants the Ohio Supreme Court to reconsider its decision upholding his death sentence even though a co-defendant who fatally stabbed the victim received a life sentence.
Death row inmate Austin Myers, 23, was sentenced to die for the January 2014 killing of childhood friend Justin Back during a burglary.
Attorneys for Myers argue his death sentence is disproportionate because of the life sentence given to co-defendant Tim Mosley, also 23.
Myers' lawyers asked the Supreme Court on Tuesday to reconsider its ruling last week that a death sentence was appropriate because Myers had a large role in the killing, from planning it to restraining the victim while he was stabbed.
Attorneys say "lopsided" facts about each defendant's role require life sentences for both Myers and Mosley.
Back, an 18-year-old U.S. Navy recruit, was stabbed 20 times during a burglary, and his body was dumped several counties away.
Attorneys for Myers argue his death sentence is disproportionate because of the life sentence given to co-defendant Tim Mosley.
Mosley, who confessed to stabbing Back while Myers held him, was sentenced to life without parole in exchange for his testimony against Myers.
In court, Mosley detailed how Back pleaded for his life as he and Myers struggled to choke him with a wire. He then admitted to stabbing Back with a knife when the strangling did not go as planned.
Prosecutors urged the death sentence in the slaying of Back, pointing to evidence that Myers spent a day and a half planning the crime, overcoming setbacks and altering the scheme several times.
The court gave Myers a July 2022 execution date, but that could be delayed depending on appeals.
Myers is the youngest inmate sentenced to death in Ohio, according to the Dayton Daily News.
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