Kroy “KJ” Biermann Jr., Kroy Biermann and Kim Zolciak‘s 15-year-old son, will no longer appear for his scheduled preliminary hearing Tuesday after he was indicted on seven felony charges in his sexual assault case.
KJ’s attorney, Jason Sheffield, confirmed the hearing was canceled and told Page Six that the state’s Sept. 3 indictment has become the “controlling action” in the case. As a result, the judge who was scheduled to oversee Tuesday’s preliminary hearing will no longer preside over the matter.
“Because the State indicted my client, the judge who would have presided over the preliminary hearing today has been divested of that authority,” Sheffield said. “We will have several court dates coming up, including a motion to transfer the case to juvenile court, a bond hearing, and an arraignment on the current indictment.”
“Unfortunately, we will have to wait for our day in court where we can finally begin to level the playing field.”
Sheffield said the state made it clear that it intends to try KJ as an adult. That issue was expected to be litigated during today’s hearing.
“We are expecting to enter not guilty pleas to all charges at the plea and arraignment hearing on October 14,” Sheffield said outside court. “I’m going to file [a] motion for the case to be transferred to juvenile court and for him to be tried as a juvenile.”
KJ has been held at Atlanta’s Metro Regional Youth Detention Center since his Aug. 17 arrest. Following his Sept. 3 indictment, a bond hearing has now been scheduled for Sept. 11, according to Fulton County court records.
