The attorney for Myles Stout, who was convicted in the shooting death of another teen, says he has served longer that he should have.
Attorney Hank Hill asked in a "motion for correction or reduction of sentence" that Criminal Court Judge Barry Steelman put down an order "reducing and/or correcting the Court's initial sentence imposed upon the defendant."
The motion says "as a result of unproperly filed documents or other clerical error, the defendant has been held beyond the date on which he should have been released.
A hearing on the motion is set for Monday.
Stout was sentenced last Nov. 5 to six years for the killing of Myles Compton, 18. Judge Steelman said two years would be served in state prison and four years suspended. The judge said Stout will be on active probation for 12 years after serving the two years. He said if he got into any more trouble he would have to then serve the four years.
The sentencing ranges were 2-4 years and 1-2 years. He was given the maximum for each and they will be served consecutively.
Stout was first directed to go immediately into prison, but attorney Hill asked for an appeal bond, and that was granted so he was initially free on bond. Attorney Hill later dropped the appeal and Stout went into custody.
Stout had faced 15-25 years in prison if convicted of second-degree murder as charged.
Attorney Hill at the Nov. 5 sentencing said Stout had already served 93 days in jail and would not have to serve substantial more time before being eligible for release since he is a Range 1 offender (with parole consideration after serving 30 percent of the term). He asked that he be allowed to serve the time in Hamilton County rather than go to a state prison.
Stout was also ordered to pay $21,998 to the Compton family to cover funeral and burial expenses. The Comptons have filed a civil lawsuit over the incident.
Stout was convicted of the lesser charges of reckless homicide and reckless endangerment in the March 9, 2011, slaying at an upscale home in Mountain Shadows in East Brainerd.