Prosecutor: Teens Get 25, 10 Years for Child’s Killing

A pair of Monmouth County teens have been sentenced to prison for their roles in the February shooting death of a 10-year-old, Monmouth County Prosecutor Christopher Gramiccioni announced on Friday.

Karon Council and co-defendant Jah-Del K. Birch, both of Neptune Township, pleaded guilty to their roles in the shooting death of 10-year-old Yovanni Banos-Merino on Oct. 22. Council and Birch both pleaded guilty to first-degree aggravated manslaughter and second-degree possession of a weapon for an unlawful purpose.

Both plea agreements were made in consultation with the boy’s mother, who was also injured in the shooting incident.

Council, 19, of Neptune Township, was sentenced to 25 years in prison before Judge Richard W. English on Friday morning in connection with the death of the Asbury Park child.

Council is subject to the No Early Release Act (NERA), requiring him to serve 85 percent of his sentence before being eligible for parole, and a mandatory period of parole supervision of five years after his release from state prison. 

In a separate proceeding, also held on Friday, Birch, 17, was sentenced to 10 years in prison by Judge English. Birch’s sentence is subject to the No Early Release Act (NERA). requiring him to serve 85 percent of his sentence before being eligible for parole and a mandatory period of supervision after release. 

The case background …

Asbury Park police responded to a 911 call at 10:40 p.m. on Wednesday, Feb. 21, 2018, reporting shots fired at a home in the 400 block of Ridge Avenue in Asbury. Police arrived to find the 10-year-old child and his 38-year-old mother had gunshot wounds. The child’s mother was treated and released for her injuries, however the child was pronounced dead at 11:18 p.m.

A joint investigation conducted by the Monmouth County Prosecutor’s Office and Asbury Park Police Department, with assistance from Monmouth County Sheriff’s Office and Neptune Township Police Department determined Council and Birch arrived at the home to target another occupant also present within the home but who was not injured during the incident.

The child was not the intended target of the shooting. The investigation further revealed that Council was the person who fired the gun.

— Edited press release from the Monmouth County Prosecutor’s Office