Kim Zolciak’s 15-year-old son, Kroy “KJ” Biermann Jr., has been indicted on seven felony charges over an alleged sexual assault at a Georgia gym and remains in youth detention as his lawyers fight to move the case into juvenile court.
A Fulton County grand jury charged Biermann with aggravated child molestation, aggravated sexual battery, aggravated sodomy, false imprisonment and three counts of sexual battery against a child under 16.
Biermann, whose father is former Atlanta Falcons linebacker Kroy Biermann, has denied the allegations through attorney Jason Sheffield. He has remained at Atlanta’s Metro Regional Youth Detention Center since his Aug. 17 arrest.
The case stems from an alleged April 23 encounter at a Life Time Fitness location in Alpharetta. Authorities say Biermann and the girl, who was also 15, were at the facility before the alleged assault occurred inside a changing area.
Law Commentary is not identifying the girl because she is a minor and an alleged victim of sexual assault.
The indictment significantly expands the case from Biermann’s initial arrest on aggravated sodomy and aggravated sexual battery charges. An indictment does not establish guilt. It means a grand jury found sufficient grounds for prosecutors to move forward with the charges.
Biermann’s age now creates another major fight in the case: whether the 15-year-old will continue through Georgia’s superior court system or have his prosecution transferred to juvenile court.
Georgia law gives superior courts original jurisdiction over defendants between 13 and 17 accused of certain serious crimes, including aggravated sodomy, aggravated child molestation and aggravated sexual battery. Biermann therefore does not automatically have his case heard in juvenile court because of his age.
A judge can transfer certain cases involving defendants in that age range after an indictment. The court may consider the seriousness of the alleged conduct, the teenager’s age and maturity, prior record, public safety, the effect on the alleged victim and the prospects for rehabilitation.
Sheffield has said the defense wants the case handled in juvenile court and has emphasized that Biermann was 14 when the alleged encounter occurred.
The attorney has also challenged the evidence against his client and criticized a grand jury process that did not allow Biermann to present his own case before the charges were approved.
Sheffield maintains that the teenager is innocent. He has pointed to testing conducted after the alleged encounter, saying no male DNA was detected and that Biermann passed a polygraph examination.
Those claims do not determine the outcome of the criminal case. The significance of the testing, and whether particular evidence can be presented in court, will be addressed as the prosecution moves forward.
Zolciak has publicly defended her son since his arrest. The former “Real Housewives of Atlanta” star called the allegations “reckless and deeply troubling” and said Biermann categorically denies them.
She has also cited the DNA and polygraph claims while urging the public to allow the legal process to play out.
Before the grand jury returned the seven-count indictment, Biermann’s attorneys sought his release on bond. They pointed to his academic record, participation in football, community ties and support from family, teachers and coaches while arguing that he is not a flight risk.
Biermann now faces seven felony counts while his lawyers pursue two immediate objectives: securing his release and moving the prosecution into juvenile court.
The case remains pending in Fulton County Superior Court.
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