Prosecutors have filed a motion to revoke the probation of the teen who shot another student at Fern Creek High School.
Andre Banks, now 18, avoided an 18-year prison sentence earlier this year when he was sentenced to five years probation for firing a gun at a classmate during an argument in a school hallway on Sept. 30, 2014. While he missed his intended target, a bullet struck then-15-year-old Javaughntay Burroughs in his abdomen.
Assistant Commonwealth’s Attorney Elizabeth Jones Brown filed a motion late Friday to revoke that probation.
Banks was supposed to report to his probation officer on Sept. 12 but never showed nor followed up with the officer to explain his absence, according to a violation of supervision report filed in court. Banks’ probation officer left any possible sanctions to the court’s discretion.
Jones Brown abstained from taking a position on probation at the May 2016 sentencing hearing, noting that the teen had no major violations during his juvenile detention and that she consulted with the victim and his family. In an interview Monday, she said the filing of the motion is the beginning of a discussion on the probation violation that could end in a variety of resolutions.
Circuit Court Judge Judith McDonald-Burkman warned Banks at the May hearing that if he violated the terms of his parole he would not be going back to a juvenile facility. Those charges totaled an 18-year sentence.
“You will go to a place that you think will be hell. It’s the reality of your choices and your age,” she said at the time. “Am I trying to scare you? You bet. But I’m not lying to you either. I’m telling you the real truth.”
McDonald-Burkman sentenced Banks to five years of the highest level of probation supervision. Banks had previously pleaded guilty in March 2015 to first-degree assault, first-degree wanton endangerment, tampering with physical evidence, unlawful possession of a weapon on school property, possession of a handgun by a minor and carrying a concealed deadly weapon.
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Jones Brown said following that hearing that if Banks violates the terms of his probation, he could be sent to prison and serve no less than 85 percent of his remaining sentence of about 16 years.
Louisville attorney Scott Drabenstadt, who previously has represented Banks, said Monday he was not aware of the newly filed motion nor of any probation violation.
McDonald-Burkman is set to hear the prosecutor’s motion Oct. 3.
Reporter Matthew Glowicki can be reached at 502-582-4989 or [email protected]
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