Kroy “KJ” Biermann Jr., 15, is facing a potential sentence of 25 years to life in prison without parole if convicted as an adult on aggravated charges including sodomy and sexual battery, according to a court filing. His attorney, Jason Sheffield, is petitioning a Fulton County Superior Court judge to transfer the case to juvenile court, arguing that the teenager is too immature to face the adult criminal justice system.
Sheffield stated in a Sept. 8 filing that the aggravated charges carry a mandatory minimum sentence of 25 years, with no possibility of probation or parole if convicted as an adult. “He would have to serve every day of each 25-year sentence, if run consecutively,” the filing reads. Sheffield emphasized that at 15, KJ is still developing, and his future should not be predetermined by the allegations.
"At fifteen, KJ’s story is not finished,” Sheffield wrote. “That proposition is not sentimental. It is developmental reality, and it is embedded in Georgia’s statutory scheme.” The attorney plans to present evidence showing KJ is amenable to treatment and rehabilitation within the juvenile justice system, contrasting it with the adult system’s focus on punishment.
The charges stem from an alleged April 23 encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia. Court documents previously obtained state the girl accused KJ of forcing sexual acts on her in a family changing room despite her repeated protests. A Georgia grand jury recently indicted KJ on seven felony counts, including aggravated child molestation, aggravated sodomy, and aggravated sexual battery against a child under 16, along with false imprisonment.
Sheffield has maintained his client's innocence, telling Page Six that evidence includes a polygraph test administered to KJ and claims of prior false allegations by the accuser. He also noted that investigators found no male DNA at the scene. “He is not only presumed innocent, but is, in fact, innocent,” Sheffield stated.
KJ has been held without bond at Atlanta’s Metro Regional Youth Detention Center since his arrest. His next bond hearing is scheduled for Sept. 11. Sheffield indicated that KJ is expected to plead not guilty to all charges. The filing also requests privacy protections due to the intense publicity surrounding the case, seeking to seal certain records and potentially close portions of hearings to protect minors and witnesses.