CHARLESTON, W.Va. -- A Kanawha County judge denied a motion to separate the trials of two men accused in connection to cellphone thefts at Charleston Town Center.
Chima Imoh, 19, appeared Thursday in Kanawha County Circuit Court for a status conference.
In that conference, his attorney Alan Pritt filed a motion to dismiss Imoh's indictment and to sever his trial from Darius Robbins, 20. Kanawha County Circuit Judge Duke Bloom denied both motions.
Police arrested Imoh and Robbins in June in connection to cellphone thefts and robberies in and around the mall, according to previous reports.
Both men were charged with first-degree robbery, conspiracy and second-degree robbery, according to an October news release from the Kanawha County prosecutor's office.
In Thursday's hearing, Pritt asserted an officer misled the grand jury about Imoh's age. Pritt said Imoh was younger than 18 when several of the counts on the indictment occurred.
However, James Bailey, assistant prosecutor, said there is no evidence to support the accusation that the officer meant to mislead the grand jury.
Bailey said it is possible Imoh wouldn't be convicted on the counts that occurred before his 18th birthday. If that happens, Bailey said he would refile with the proper proceedings and seek a proper conviction.
Robbins' and Imoh's trial is set for 8:30 a.m. Monday.