YOUNGSTOWN, Ohio (WKBN) — A judge today in Mahoning County Common Pleas Court said he is denying for now a motion to continue the trial for one of three defendants in the Sept. 2020 shooting death of a Struthers boy.

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Judge Anthony D’Apolito told Lynn Maro and John Juhasz, attorneys for Kimonie Bryant, 26, that he thinks it’s mature to consider the motion now because Bryant’s trial date of Sept. 11 is still two months away.

The two filed the motion because of the massive amount of discovery they were recently given to review after the January arrest of the last defendant in the case not yet in custody, Andre McCoy, 22.

Bryant and McCoy, along with Brandon Crump, are all charged with aggravated murder, attempted murder, aggravated robbery, aggravated burglary and other charges relating to the September 2020 home invasion that resulted in the death of Rowan Sweeney, 4.

Police said Sweeney was killed at the Perry Street home of his mother and four others were wounded during a robbery of a stimulus check that belonged to the boyfriend of Sweeney’s mother.

Bryant and McCoy could receive the death penalty if they are convicted. Crump is not eligible for the death penalty because he was under 18 when Sweeney was killed.

McCoy was indicted in March 2021 in a superseding indictment, but he was not arrested until January. He was shot in the head during the same shooting that killed Sweeney. Prosecutors have not said if he was wounded on purpose or by accident.

Crump was arrested in November 2020 initially on aggravated robbery and aggravated burglary charges. A hearing was held on those charges in juvenile court and they were bound over but no hearing was ever held on the aggravated murder and other charges.

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Crump had to have his case sent back to juvenile court because a bind-over hearing was never held on his charges of aggravated murder and attempted murder in the case.

Crump waived his hearing last month and the case was indicted by a grand jury on June 22. A trial date has yet to be set for him.

McCoy’s case is set for Sept. 5 and Bryant’s for Sept. 11, which will almost certainly have to be pushed back if McCoy goes to trial. Prosecutors have said they have been in plea negotiations for Bryant and McCoy.

Judge D’Apolito said he would revisit the continuance motion if Maro and Juhasz say closer to trial that the new discovery they received is so voluminous they can not possibly review it in time for the Sept. 11 trial date.

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If that was the case, the judge said, if he grants a continuance it would not be a long one, he said. He said giving lawyers a firm date can be good sometimes because it can help them to concentrate on getting whatever preparation they need to do to be done quickly and efficiently.