Murder trial for teen accused of killing a 15-year-old begins

Donte Thompkins was 15 when drew a gun in the midst of a fight. The 2019 incident left one man shot and another teen, 15-year-old Ke'Sean Banks, dead.

Thompkins, now 17, is standing trial this week on charges of murder and felonious assault before Hamilton County Common Pleas Judge Robert Goering. He is being tried as an adult.

Ke'Sean was shot in the head and killed instantly on Sept. 8, 2019 in the courtyard of an Avondale apartment building, officials said. Both prosecutors and defense lawyers agree that Ke'Sean did nothing wrong that day. He was just standing on the outskirts of a fight, they said. He wasn't participating.

And his father was in the building's courtyard when it happened.

Dispute led to large fight

Hamilton County Assistant Prosecutor Brian Goodyear said a dispute between two groups of young people led to a large fight that day.

He said one group hung around the Family Dollar on Reading Road, and the other group was made up of youth who lived in the same apartment complex as Ke'Sean.

Goodyear said Ke'Sean had been beaten up in a prior dispute between the groups.

That day, Thompkins and several other people went to the Reading Road apartment building looking for a fight, Goodyear said.

He recounted what happened next as it was captured on surveillance video:

The group arrived at the courtyard and began taunting people to come outside. After seven or eight minutes, another group emerged. Ke'Sean among them.

Initially, each group picked a single representative to fight, and they started swinging as the others watched.

Prosecutor: Thompkins had gun in his pocket

Goodyear said as the fight escalated, Thompkins could be seen with his hand in his pants pocket, presumably manipulating a gun. At one point, Thompkins walked into an alcove where, according to Goodyear, he chambered a round in the 9 mm Hi-Point handgun.

Eventually, more people started fighting, including Thompkins. Goodyear said Thompkins started walking toward the group, but another person stopped him before Thompkins pushed that person away.

According to Goodyear, 21-year-old Tommy Glover then approached Thompkins. Goodyear said he believed Glover saw that Thompkins had a gun. Glover hit Thompkins and knocked him to the ground.

Goodyear said Thompkins then stood up, "leveled" the gun in the direction of Ke'Sean and fired. He then fired at Glover, according to Goodyear.

One of Thompkins' attorneys, Brian Goldberg, refuted that claim in his opening statement. Goldberg said Thompkins was "blindsided" by Glover, who he described as a "grown man," "a big guy."

"He's hurt. He's probably scared, and he's angry. He's irate," Goldberg said. "The evidence will show he starts firing the gun toward Mr. Glover."

Goldberg said the whole situation is sad, and the facts are disturbing.

"It's our belief (Thompkins) was trying to shoot Mr. Glover," Goldberg said. "He needs to be held accountable, but he's not guilty of murder."

Glover was struck in the leg during the incident but survived. Prosecutors said he will not be testifying in the trial. Glover was sentenced this year to 60 years in prison for robbery and kidnapping.

Ke'Sean's father had gun at scene of shooting

Family members of Ke'Sean and Thompkins were in the courtroom Tuesday. When body camera footage showed Ke'Sean's father sobbing on the steps outside the apartment building, several people broke out in tears and excused themselves from the courtroom.

Goodyear said Ke'Sean's father fired a round from a .40-caliber handgun after he realized what happened to his son that day. The prosecutor said evidence will show that the round didn't hit anyone.

Goldberg said multiple people had guns that day. He said Thompkins had a rough upbringing and was even homeless and essentially taking care of himself for a time. He said the then15-year-old decided to get a gun after two of his friends were killed.

"He got scared," Goldberg said, and reiterated that on Sept. 8: "Donte was in the wrong, but he's not guilty of murder."

Ohio law lays out specific actions and circumstances that lead to murder and manslaughter charges. Whether a killing was planned, whether a person had the intent to kill or harm and whether the killing occurred during a commission of a felony are all factors that the lawyers will argue and the jury will have to weigh as this case moves forward.

Judge Goering told the jury Tuesday he expects the case will be finished by the end of the week.

This article originally appeared on Cincinnati Enquirer: Murder trial for teen accused of killing a 15-year-old begins