Commonwealth files motion to have father, son tried together in Zwicker case


by Brittany Gonzalez

Posted on August 10, 2012 at 12:16 PM

Updated Friday, Aug 10 at 9:46 PM

LOUISVILLE, Ky. (WHAS11) -- The Louisville teen accused of killing his stepbrother last May was back in court on Friday.

Joshua Young is facing a complicity to murder charge after police said he beat Trey Zwicker with a bat near a creek behind Liberty High School in May 2011.

Young was alone in court Friday. His father, Josh Gouker, who has also been indicted in connection with Zwicker's murder, was held up in an Indiana Prison for unrelated charges.

The Commonwealth has filed a motion to have Young and Gouker tried together, but Young's attorney said he doesn't want that because of new evidence, including DNA evidence that could clear Young's name.

“It’s very important for us to get the evidence we feel is necessary four our defense so we can be acquitted,” says attorney for Young, Pete Schuler.

Schuler says his client is beyond ready to go to trial in the hopes of clearing his name.

“Josh wants his name cleared. He’s been incarcerated for over a year in Louisville Metro detention Center. He wants to get back to his normal life,” says Schuler.

Josh's foster mom, Susan Stoneburner, says she wants Young back in her care.

"We pray for the Zwicker's all the time and can’t imagine what they are going through. We really don’t want another victim in this case,” says Stoneburner.

Stoneburner has known Young for more than two years and he lived with her family for seven months. 

“We'll be in his life for the rest of his life. We didn't go into this for just the easy stuff. We knew there could be challenges. We didn’t know they could be this bad. It's him that's going through this having the hardest part...we just want to help him in any way that we can,” says Stoneburner.

Young is due back in court September 14.