Man challenges death sentence, says actual killer given life

Austin Myers is challenging his death sentence. He says Tim Mosley, who actually killed Justin Back, received life in prison (WKRC file)

COLUMBUS, Ohio (AP) -- A condemned Ohio killer is challenging his death sentence on the grounds that the man who fatally stabbed the victim received a life sentence.

Austin Myers was sentenced to die for the 2014 killing in Warren County of childhood friend Justin Back, who was about to enter the Navy.

Authorities say the 18-year-old Back was killed during a burglary and his body dumped in a rural area.

Attorneys for Myers argued before the Ohio Supreme Court Tuesday that his death sentence is disproportionate because of the life sentence given to co-defendant Tim Mosley.

Records show the 22-year-old Myers held Back while Mosley stabbed him.

Prosecutors say the case against each man must be addressed individually. They also say there's overwhelming evidence of Myers' role in planning the killing.

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