The attorney for Myles Stout, sentenced to two years in prison and 12 years probation Monday for the shooting death of an 18-year-old friend, told the judge he wants a new trial and likely will appeal his client's sentencing.
On Monday, Hank Hill told Hamilton County Criminal Court Judge Barry Steelman at the end of a three-hour hearing that he plans to file the request. While he does, Stout will remain free on bond and has 30 days to file his notice to seek a new trial.
On March 9, 2011, at a get-together at a friend's house, Stout, now 22, stuck a pistol in the chest of Myles Compton and pulled the trigger, killing him. Stout later said he thought the pistol was empty.
"I can't imagine taking any weapon, firearm and shoving it into another person's body," Steelman told Stout in Monday's hearing. "I certainly can't imagine doing that and then pulling the trigger."
The judge said there were "disturbing things" about Stout's case that made it different from other accidental shooting cases he'd overseen.
During the hearing, Stout apologized to the family for his actions and said that "there hasn't been a day go by where I haven't wished it was me instead of him."
But Steelman questioned Stout's sincerity.
"I was not too terribly impressed today, if at all, at Mr. Stout's display of what he intends to show as remorse," Steelman said. "I don't think he gets it."
Prosecutors sought a conviction for second-degree murder, which would have carried a 15- to 25-year sentence. But a jury in September found Stout, 22, guilty of reckless homicide and reckless endangerment instead.
Stout received four years for the homicide and two for the endangerment charge. Steelman decided to run the sentences consecutively.
Both Cheryl and Jesse Compton, Myles Compton's parents, testified during the hearing.
"Myles Kinsey Stout, may you never forget what you did and may you pay fully for your shameful behavior," Cheryl read from the stand.
Witnesses testified in the trial that Stout was at the 9125 Stoney Mountain Drive home of Kevin Driscoll when Compton came to visit. Driscoll brought out two pistols -- a .40-caliber Sig Sauer and a 9mm Smith & Wesson -- to show the guests and unloaded them before passing them around. A short time later, Stout picked up the .40-caliber, pointed it into Compton's chest and fired.
Stout first lied and told 911 operators and police that Compton shot himself, but he later admitted pulling the trigger, saying he thought the gun was unloaded.
Contact staff writer Todd South at email@example.com or 423-757-6347. Follow him on Twitter @tsouthCTFP.