Tue. 6:38 p.m.: Teen convicted in Ohio mall shooting gets 2 years in prison

DAYTON – A teenager who tried to steal limited-edition Air Jordan sneakers from a mall shopper who fatally shot the 17-year-old’s accomplice was sentenced today to two years in prison.

The teen was sentenced on adult convictions of reckless homicide and grand theft in a Dec. 20 fatal shooting outside the Dayton Mall. The Associated Press is not naming the boy because he is a juvenile.

Police said three boys accosted two shoppers who were leaving the mall after buying the popular Nike shoes on sale that day. Authorities say the 16-year-old who was killed – Jawaad Jabbar of Middletown – showed a gun and was shot by a shopper who had a concealed weapon permit.

Defense attorney L. Patrick Mulligan, who asked for community control instead of prison, said the sentence was disappointing.

“He didn’t have a gun and didn’t cause the death,” Mulligan said of his client, who had no prior record.

He also said the teen was successful in school and the sentence jeopardizes his chances of completing his education.

A statement from Montgomery County Prosecutor Mat Heck Jr. said the defendant’s decision to become involved in the theft ultimately resulted in the death.

“These teens went to the Dayton Mall, illegally armed, and attempted to commit an armed robbery,” Heck said today.

Under Ohio law, a suspect can be held responsible for any death – including that of an accomplice – that occurs during the commission of a robbery.

The third suspect, a 17-year-old boy, was cleared and released.

The shopper, who remained at the scene and cooperated with investigators, was cleared of charges in the case. Prosecutors determined he acted in self-defense.