The jury trial has been canceled for a local 17-year-old charged with multiple felonies related to the death of a teenager last summer, as the suspect will plead guilty to a Level 5 felony for involuntary manslaughter.
Luke Robertson was charged with four felonies and a misdemeanor stemming from a shooting in June that resulted in the death of 17-year-old Ayden Lentz.
Judge Mary Wertz ruled to waive Robertson to adult court last year and on July 29 Robertson was formally charged with reckless homicide, a Level 5 felony; involuntary manslaughter, a Level 5 felony; criminal recklessness with a deadly weapon, a Level 6 felony; pointing a firearm, a Level 6 felony; and dangerous possession of a firearm, a Class A misdemeanor.
Indiana Code allows for a prosecutor to file a motion for a juvenile to be tried as an adult if the child is charged with an act which would be a felony if committed by an adult or if the child has previously been convicted of a felony or a nontraffic misdemeanor.
A pretrial conference was held on March 20 and a plea agreement was filed in the Brown County Clerk’s Office the same day.
According to the plea agreement, Robertson will plead guilty to Count II, which is a Level 5 felony for involuntary manslaughter.
The prosecution shall dismiss remaining counts, according to the agreement.
The agreement also states that sentencing is under the court’s discretion, but the executed portion of the sentence shall not exceed three years.
Count I and II — reckless homicide and involuntary manslaughter — are the State of Indiana’s “lead charges,” Brown County Prosecuting Attorney Ted Adams said last week.
He said they are same levels of charges using different legal theories, but both alleging reckless acts resulting in the death of a human being.
The remaining charges represent lesser-included charges and conviction on those charges would equate to “double jeopardy,” essentially meaning that Robertson would be prosecuted twice for the same crime, which is prohibited in the Fifth Amendment to the U.S. Constitution.
“In fact, Count II required that the defendant admit to the allegations charged in Count IV,” Adams said via email last week.
“Mr. Robertson did, in fact, admit to killing another human being while committing a Level 6 felony (knowingly or intentionally pointing a firearm at the victim). The State of Indiana had several theories in which to pursue a conviction on either Count I or Count II regarding Luke Robertson’s reckless act, but double jeopardy would prevent conviction on both lead counts.”
The sentencing hearing is set for Tuesday, June 20 at 1 p.m. at the Brown County Courthouse.
The investigation
Around 9 a.m. on June 25, emergency personnel were informed by dispatch that a 17-year-old teen, later identified as Lentz, was deceased.
Dispatch said the 911 caller, later identified as Luke, had reported that Lentz was messing with a firearm and it went off, killing him.
Robertson also told the same account to all first responders at the scene. Lentz was shot in the head in Robertson’s bedroom, according to a probable cause affidavit by Brown County Det. Brian Shrader.
In the bedroom police reported finding a jacket hanging up that had a hole in it. Behind the jacket was a hole in the wall. According to the probable cause affidavit, police determined the holes were from a bullet and its trajectory.
Outside the home, a bullet hole exited the home and the bullet was found on a neighboring property. The gun that had been used was lying on a loveseat sofa in the bedroom.
The gun reportedly had one live round still in the chamber, meaning that at the time of the shooting there were two live rounds in the gun.
While examining the scene, a medic told Shrader that Robertson was changing his story and wanted to talk to police. He told police he was the one messing with the gun and had finished cleaning it when it went off, striking Lentz.
He told police that he was holding the gun at the time Lentz was shot.
Robertson said Lentz had brought the gun over to his house and they had been cleaning it. Robertson claimed after putting it back together the gun just went off and he had thought it was empty, the affidavit states.
Later that afternoon, Shrader obtained a search warrant for Robertson’s blood to determine if he was under the influence of any narcotics at the time of the shooting.
On June 26, an autopsy was done on Lentz. The pathologist told Shrader he first had noticed the entrance wound to the victim’s face was a “hard-contact” gunshot wound, meaning the gun was hard-pressed against his face — not just touching it — at the time of the shooting.
There were two “clear” barrel impressions on the victim’s face, according to the affidavit.
Former Coroner Earl Piper ruled the shooting as a homicide, meaning the death of one individual was caused by the actions of another.
After the autopsy Shrader requested to meet with the Brown County Prosecutor’s Office to show them evidence discovered in the autopsy.
Shrader said in his report that, in his opinion, the fact that the evidence showed the gun was pressed against Lentz’s face when he was shot changed the case and the nature of the reckless act.
Robertson’s statement never mentioned that he had the gun pressed to Lentz’s face, Shrader reported.
Shrader made contact with a witness present at the time of the shooting and asked if Robertson had ever pointed a firearm at him. He told Shrader that Robertson had pointed guns at him before, but he was not sure if it was the same gun.
A waiver hearing was held July 27 at the Brown County Courthouse where Wertz heard evidence and testimony on whether or not Robertson should be tried as an adult.
Robertson’s parents, John and Christy Robertson, testified during the hearing. Shrader also took the stand.
Chief Deputy Prosecutor Rob Seet said that the state believed the first step towards rehabilitation for Robertson would be for him to face consequences for his actions and that in order to ensure rehabilitation, the trial would need to take place in adult court.
Robertson’s attorney Greg Bowes argued Robertson is someone who is willing to do what is right and will take responsibility for his actions without having to be tried as an adult on these charges.
