Joshua Young back in court - wave3.com-Louisville News, Weather & Sports

Joshua Young back in court; attorneys want him out of juvenile detention center

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LOUISVILLE, KY (WAVE)- The 16-year-old accused of murdering his step brother faced a judge Friday.

Joshua Young appeared handcuffed in front of a judge as attorneys from both sides argued where he should placed for the next seven months. Should he stay in a juvenile detention center or should he be placed under home incarceration?

"What we're dealing with here, we said we're not guilty," said Young's defense attorney, Pete Schuler. "We presumed innocent. We would like to have our liberty there can be strong controls put on him in a private home."

Young is currently housed in a youth detention center. He's accused of murdering his step brother, Trey Zwicker, whose body was found behind Liberty High School on May 11, 2011. Defense attorneys argued Young needs access to mental health treatment and continued education. Susan Stoneburner was one of two witnesses called to the stand. She was Young's foster mother for seven months.

"I am a mother and I know Josh." said Stoneburner while on the witness stand. "I feel very good about having him in my home."

When asked by Schuler to describe Young while he was in her home, she said, "It brought a lot of laughter into our home. He was very much not what I expected. I expected lots and lots of challenges with my first foster placement. He just fit right into the family and worked hard."

Terry Zwicker, step father of Trey Zwicker, was not fully convinced.

"In 7 months, if that's her findings, that's fine. We're going into trial based on one day. We're going to find out who killed my son based on one day. Not seven months." Terry Zwicker said. "You know what? I could put on a smiley face and get my little gold star in seven months, but people who's known me for 34 years actually know who I am."

Prosecutors argue Young is in the right place, arguing the state.

"They're unwilling to place this child back into a setting that could endanger the community or other children," said Prosecuting attorney, David Scott.

Rodney Gunter is Young's uncle. He said he does not think Young would be a danger to other children, should he be taken out of the Juvenile Detention Center.

"No, I do not. Not at all," said Gunter. "The boy's not mean or violent. Check his history. He's never done anything mean or violent."

Terry Zwicker said,  "What I got to see in there is an argument of a facility where somebody should be housed. What they are entitled to. Bottom line for me is, my child is in a box in the ground."

The judge did not make a decision during Friday's hearing. Young's next court appearance is scheduled for May 11. His case trial is set for October 15.

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