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A Monmouth County grand jury has returned a six-count indictment charging a Neptune Township man and his juvenile co-defendant in the February shooting death of a 10-year-old Asbury Park boy, Monmouth County Prosecutor Christopher J. Gramiccioni has announced.

Karon Council, 18, and co-defendant Jah-Del K. Birch, 17, both of Neptune Township, are charged with killing Yovanni Banos-Merino, 10, and injuring the boy’s mother Lilia Merino, 38, both of whom were not the intended targets of the Feb. 21 shooting incident at the victims’ home in the 400 block of Ridge Avenue, officials said.

Council and Birch were both named in the indictment charging them with the first degree conspiracy to commit murder, first degree attempted murder, first degree murder, second degree aggravated assault, second degree possession of a weapon for an unlawful purpose and second degree unlawful possession of a weapon.

Officials said Asbury Park police who responded to the 911 shots fired call around 10:40 p.m. Feb. 21, found Yovanni and his mother had sustained gunshot wounds. The child’s mother was treated and released for her injuries but Yovanni was pronounced deceased 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 found that Council and Birch had arrived at the home to target an occupant, who was present but not injured during the incident.

After an intense manhunt, Council was apprehended in Florida two days after the incident and Birch was arrested without incident at Neptune Township High School, where he was a member of the 2020 class. Last month, a Superior Court Judge ruled Birch would face charges as an adult.

Council and Birch each face up to 20 years if convicted on each count of conspiracy to commit murder and attempted murder, officials said. If convicted of murder, the pair face 30 years to life.  The first degree charges are subject to the provisions of the ‘No Early Release Act,’ meaning they must serve 85 percent of the sentences imposed before being eligible for parole. They face 10 years for the aggravated assault and weapons offenses.

The case has been assigned to Monmouth County Assistant Prosecutors Matthew Bogner and Joseph Cummings. Birch is represented by Jeffrey Coghlan of Freehold and Council is represented by Paul Zager of Red Bank.

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