Boy released to family custody

The boy is restricted to his grandmother’s home.

GREENVILLE, Ohio (AP) — A 10-year-old boy accused of deliberately setting a fire that killed his mother, younger sister and three other children was released Monday to the custody of his grandmother and restricted to her home.

A judge also ordered a psychological evaluation of Timothy Douglas Byers for Friday, and that he receive grief counseling.

“He’s also a victim,” Darke County Juvenile Judge Michael McClurg said to a packed hearing room, referring to the deaths of the boy’s family members.

A prosecutor said the boy had said he wanted to end his own life, while a probation officer told the judge the boy had been on suicide watch but no longer was considered a suicide risk.

Byers had been in custody since being charged Sept. 21 with five delinquency counts of murder and one delinquency count of aggravated arson in the Sept. 16 duplex apartment fire.

Demeanor

During Monday’s hearing, he sat on the edge of his chair at a defense table and watched the judge intently, sometimes nervously jiggling his right leg. Outside the courtroom he smiled and waved at relatives who called out his name.

His maternal grandmother, Tammy Reed, must obtain alternative schooling for him in this western Ohio city. McClurg also told Reed to seek counseling for herself and other help to handle her grandson’s care.

Police said the boy confessed setting the fire but did not mean for anyone to die. He was charged with murder because the deaths occurred as a result of the arson, authorities have said.

His attorney, David Rohrer, told the court Byers denies the charges. Rohrer has said he will try to block use of the alleged confession, saying the boy was pressured into it.

Name allowed

Although the boy’s name has been widely reported, the judge on Monday at first ordered news organizations not to report the name or publish images of the boy because the case is a juvenile proceeding. McClurg said he considered the boy’s age, the potential impacts on the boy and his family and potential threats to him.

The judge later modified the order to allow the name to be published. He allowed images to be published, except for still and television photos of the boy at court, including hallways and the parking lot.

The Associated Press had filed a challenge with the court, arguing that the rule against use of the defendant’s name is an unconstitutional prior restraint on speech. Both the U.S. Supreme Court and Ohio Supreme Court have ruled numerous times that what the judge proposes to do is forbidden, said Dave Tomlin, associate general counsel for the AP.

“We’re glad the judge was willing to look carefully at the law and modify his order,” Tomlin said.

Christy Winans, 31, who escaped the blaze but lost her three children, attended the hearing at the Darke County Government Center. She had tears in her eyes afterward but declined to comment.

Expressed wish to die

Phil Hoover, a prosecutor, said the boy had said he “no longer wanted to be in this world, and he wanted to die,” although it was not clear whether the boy was referring to before or after the fire. But a social worker and a probation officer said they didn’t consider him a suicide risk, a threat to others or a flight risk.

The judge said Byers had no criminal record and had been a good pupil.

About 30 people demonstrated in support of the boy’s release outside the government center.

“It’s a tragedy,” said Vicky Perez, who carried a sign in his support. “He needs to be home with his family.”

Killed were the boy’s mother, Chanan Palmer, 30, and his sister Kaysha Minnich. The other victims were Kayla Winans, 6, Je’Shawn Davis, 5, and Jasmine Davis, 3.

His maternal grandfather, Doug Minnich, said he’s pleased that the boy was released. He said he believes the boy is innocent.

“That’s the only part of Chanan we’ve got left,” Minnich said. “They’re trying to take him, too.”