Elijah Starks admits to assaulting jail officers

FREMONT - As one case closed Friday, a pending murder charge still looms for Fremont teen Elijah Starks who entered an admission plea to five assault charges stemming from separate incidents for assaulting detention center  guards.

Starks, 15, is next due in court July 10 for a bind over hearing to determine if his murder case is tried in adult or juvenile court.

Sandusky County Juvenile and Probate Judge Brad Smith sentenced Starks to between six months up until his 21st birthday at the Department of Youth Services for his admission to the assault charges.

Sandusky County Prosecutor Tim Braun said Starks could get out in sixth months if he behaves, or could be in the DYS prison until he is 21 if he misbehaves. 

While addressing the teen who still faces multiple felony charges including a murder charge in the shooting death of his 14-year-old cousin Jaylan Brock in September, Smith said Starks has been a "big hot mess" since entering the Sandusky County Juvenile Detention Center. 

Sister: Brother, 14, shot for trying to leave gang

"I will tell you to keep your head down and your mouth shut and you will do just fine," Smith said to Starks about DYS. "But if you get cocky, it will go poorly."

Smith said Starks' admission to the detention center assaults, coupled with his willingness to be sent to DYS, offers a big risk/big reward.

"If you go to DYS and behave the same way you did at my jail, you are increasing the likelihood that you will spend the rest of your life in prison," Smith said.

Teen murder suspect charged in jail assaults

The judge said that if Starks misbehaves while at DYS, it will make his decision on whether to bind the teen's murder case to adult court easier.

"You were acting a fool yesterday," Smith said. "You need to make my job harder, because if you behave you can make it a harder decision to throw to adult court."

Smith said Starks has struggled in the jail and said DYS offers more programming to rehabilitate inmates than does the county's juvenile jail.

Prior to sentencing, Smith asked the teen questions about the incident at the jail in which he assaulted the guards.

Starks admitted he was punching a wall April 23 and when officers attempted to restrain him, the teen began resisting and hitting and scratching the officers.

On April 25, Starks is alleged to have hit two other guards during separate incidents.

Smith said because of the assaults that some officers had to miss time, which costs the county money.

"Do you understand the rules?" Smith asked Starks.

Starks did offer an answer, but when asked by Smith if the jail could do anything to improve, Starks offered a statement.

"Some guards try to pick on you, they try to get you for everything," Starks said.

Smith said he believes the staff at the jail does a good job, and offered Starks advice on his stay at DYS.

"It's much more like a prison, and the inmates there are in for serious crimes, and they will try and push your buttons," Smith said. 

Smith reiterated that Starks must behave, follow rules and keep his mouth shut to avoid further consequences that will impact whether he is tried as an adult for the murder of Brock.

A hearing to determine if Starks' case will be bound over to adult court will be held at 9 a.m. July 10.

Smith said the hearing is expected to last at least a day, but said portions of the hearing involving medical or mental health evaluations will be closed.

If tried as an adult, Starks could face 18 years to life in prison for the murder of Brock if convicted.

Starks' attorney, Adam Stone, of Bucyrus, argued during an evidence hearing that the shooting was accidental, while Braun argued that Starks loaded the gun and began pulling the trigger until a loud boom was heard and Brock was on the ground bleeding.

Brock's sister, Troyonah Darby, said Starks shot her brother because the two were in a gang, and that Brock wanted out.

In a frantic 911 call, Darby is heard speaking to the dispatcher the day her brother was shot, saying he was "leaking blood."

Tania Darby, the mother of Brock and Troyonah, told The News-Messenger her son was not in a gang.

Two of Starks' friends, Josiah Shetzer, 14, and Elijah Brown, 14, who were with Starks and Brock when the shooting occurred, were charged by police with obstructing official business.

Starks also faces charges of breaking and entering and theft. He allegedly was involved in a breaking-and-entering and theft of more than $1,000 of merchandise with Elijah Daniels-Kelly, 18, at Anglers Supplies on Howland Street.

According to police, Starks and Kelly used a crowbar to pry open a door at Angler's Supplies and then stole $1,400 in merchandise including candy, tobacco and beverages.

cshoup@gannett.com

419-334-1035

Twitter: @CraigShoupNH