2 men charged with murder despite not firing fatal gunshot, assistant prosecutor says

MIDDLETOWN, Ohio (FOX19) - Two men have been charged with murder even though they did not fire the fatal gunshot during a home invasion style robbery in mid-August, according to an assistant prosecutor.

Andrew Roberts, Jonathan Oatneal, and Joshua Oatneal are accused of trying to rob a home on Aspen Street on Aug. 19.

When the three got to the house, the homeowner shot at them, hitting Joshua, according to Josh Muennich, Assistant Prosecuting Attorney for Butler County.

Roberts and Jonathan took Joshua to the hospital, but he would die there from his wounds, Muennich said.

Roberts and Jonathan are charged with aggravated robbery and aggravated burglary, the assistant prosecutor said.

They are also being charged with Joshua’s murder even though they didn’t shoot him.

Roberts and Jonathan were charged under Ohio murder statute 2903.02, according to Muennich.

Here is how that law is defined:

“No person shall cause the death of another as a proximate result of the offender’s committing or attempting to commit an offense of violence that is a felony of the first or second degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code.”

Roberts and Jonathan are scheduled to be arraigned on Oct. 5 at 8:30 a.m.

The homeowner, who shot Joshua, has not been charged, according to Muennich.