Josh Young asks judge to erase murder case involving step-brothe - WDRB 41 Louisville News

Josh Young asks judge to erase murder case involving step-brother

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LOUISVILLE, Ky., (WDRB) -- Joshua Young, the teenager acquitted in August on a charge of murdering his stepbrother, has asked that the charges against him be expunged, or erased.

On Monday, the public defender's office, which represented Young during the August trial, asked Jefferson Circuit Court Judge Barry Willett to expunge murder and tampering with physical evidence charges stemming from the May 2011 beating death of Trey Zwicker, 14, who was left to die in a creek bed behind Liberty High School.

Attorney Elizabeth McMahon argued in court records that state law allows judges to expunge charges 60 days after the case is dismissed. The law gives judges the authority to decide whether or not to expunge dismissed felony cases.  McMahon did not return a phone call seeking comment.

The Jefferson Commonwealth's Attorney's office asked Willett to deny the request and allow Young's case to remain public.

"It's a matter of public interest and it should remain out there because it was such a high profile case," said Assistant Commonwealth's Attorney Elizabeth Jones Brown in an interview. "We think the public has a right" to have access to the records.

In her response in court records, Jones Brown said that if Willett does decide to expunge Young's case, she asked that the commonwealth be allowed to maintain the records in the office's files, which would not be available to the public.

The records, she said, would only be used "in the event the defendant commits further criminal acts."

Jones Brown said she did not know where Young is now. He turned 18 earlier this month.

Willett has not yet ruled.

On Aug. 9, after about nine hours of deliberation, a  jury found Young not guilty of killing his stepbrother.

Young's father, Joshua Gouker, pleaded guilty to murdering Trey and said he acted alone. He was sentenced to life in prison. 

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