Kim Zolciak’s 15-year-old son is seeking to have his criminal case moved out of adult court after being indicted on multiple felony counts tied to alleged sexual assault.
Kroy Biermann Jr., who goes by KJ, has remained in custody at Atlanta’s Metro Regional Youth Detention Center since he was arrested on August 17.
Court documents obtained by the Daily Mail show that his attorneys filed a motion on Tuesday requesting a “transfer to juvenile court and for confidentiality proceedings.”
The filing indicates that KJ’s defense team is asking Fulton County Court to shift the matter into Georgia’s juvenile justice system, a move that would mean he would not be prosecuted as an adult and could potentially face less severe penalties if convicted.
A grand jury indicted KJ on seven felony charges: aggravated child molestation, aggravated sodomy, aggravated sexual battery, three counts of sexual battery involving a child under 16, and false imprisonment.
The charges stem from an alleged encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia, on April 23.
Kim Zolciak’s 15-year-old son, Kroy Biermann Jr, who is in prison after being indicted on seven felony charges in his sexual assault case, is asking to be transferred to juvenile court
Kroy Jr, known as KJ, has been held at Atlanta’s Metro Regional Youth Detention Center since his August 17 arrest
KJ will be appearing in court on Friday, September 11, as his bond hearing is set to take place after it was suddenly canceled on Tuesday.
Biermann’s attorney, Jason Sheffield, confirmed to Page Six that the state’s indictment of KJ filed last Thursday has become the ‘controlling action’ in the case.
As a result, the judge who was set to oversee the preliminary hearing will now be changed, hence the postponement.
Sheffield explained: ‘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.’
The attorney added that the state has made it clear that it intends to try KJ as an adult, which was the matter to be litigated at today’s hearing.
‘We are expecting to enter not guilty pleas to all charges at the plea and arraignment hearing on October 14,’ he said.
‘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 had been indicted by a grand jury last week on seven felony charges, including: aggravated child molestation, aggravated sodomy, aggravated sexual battery, three counts of sexual battery against a child under 16 and false imprisonment. Above, KJ with Zolciak
His attorney Sheffield said: ‘It is difficult to comprehend that a 14- or 15-year-old child can be held in detention for a month or longer simply waiting for a bond hearing.
‘But that detention is a direct consequence of the detective’s decision to arrest him on charges of this magnitude.
‘Once those charges were selected, the law governing bond left little room for his age or juvenile status to meaningfully change what happened next. In that sense, the severity of the charges does not merely define the accusation – it effectively strips away many of the protections we ordinarily associate with treating a child differently from an adult.’
This comes amid news that KJ will likely endure ‘close, close monitoring’ if he’s granted bond after being taken into custody last month over sexual assault allegations made by a female classmate.
The teenager remains behind bars. KJ has denied all the allegations against him.
Lindsay Richards, a sexual assault case expert and former prosecutor, gave her insight into KJ’s bid to get out of jail, saying: ‘I think there’s a likelihood he’ll be released and he will have a lot of conditions of his release.
‘I think he’ll be on a GPS. He’ll probably be on house arrest, having to do school at home,’ she told Page Six.
She also said the ‘unbelievably serious’ charges could land the teen in prison for decades if convicted.
Those charges stem from an alleged encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia, on April 23. Above, KJ with Zolciak
Richards, who is not involved in his case, said KJ may have to enroll in therapy and educational courses before he goes on trial.
Richards noted that the fact KJ remains in custody suggests the seriousness of the situation.
‘Not releasing him into the custody of his parents with electronic monitoring of some kind, that surprises me for this young of a kid,’ Richards continued.
The Daily Mail has contacted representatives for Zolciak, Biermann and KJ’s attorney for further comment.
KJ was arrested in Alpharetta, Georgia, last month for the alleged April 23 offense.
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According to Fulton County Juvenile Court papers obtained by the Daily Mail, the alleged victim said she was at the gym when she saw KJ, and alleged he suggested they go into a co-ed sauna.
Per the documents, to get to the sauna, they had to walk through a family changing room, which is where the alleged incident happened.
The girl claimed KJ began to touch her and she said no. She then alleged he forced her to perform oral sex on him and allegedly attempted ‘multiple times to have sexual intercourse with her by trying to pull down her pants.’ She alleged that when she ‘finally managed to get away from him… he pulled up his pants and left.’
Zolciak branded the allegations ‘reckless and deeply troubling’ in a statement to the Daily Mail, saying: ‘He categorically denies ever being involved with this woman or engaging in the conduct she has alleged.
‘My son voluntarily took a polygraph examination regarding these allegations and passed,’ she claimed.
‘Additionally, an examination was conducted, and no DNA belonging to my son was found.’
‘We remain confident that the facts and evidence will establish the truth, and we ask that people allow the proper process to take its course rather than spreading unproven allegations.’
Per documents, an officer was dispatched to North Fulton Hospital on April 24 for a reported sexual assault.
Kroy Biermann and Zolciak have six children together – they split in 2023 after a 12-year marriage
Police said the alleged victim and her father claimed the incident occurred the day prior inside a nearby gym.
The alleged victim was examined at the North Fulton Hospital in Georgia on April 24 and, per the report, no evidence of male DNA was found in her mouth or vagina.
Police opened an investigation and an officer says he began attempting to contact Kroy Sr on May 14.
The officer says he spoke with him on May 18, and Kroy Sr said he would ‘discuss the matter with Kim.’
KJ is being held without bond at the Juvenile Court of Fulton County.
His attorney tried to get the teenager released on bond on Wednesday afternoon.
His lawyers submitted documents arguing that the teenager isn’t a flight risk and that his strong academic and athletic record is proof of his good character.
The attorney said that Biermann Jr is ‘a high school student in good standing who has demonstrated strong academic achievement,’ on top of receiving scholarships for his athletic prowess.
They also point out that Biermann Jr never fled the state despite knowing about the charges against him back in April, and that he also submitted to polygraph testing.
The attorney is also asking to keep the proceedings confidential due to both Biermann Jr and his alleged victim being juveniles, as well as the public interest in the case due to Zolciak’s fame as a reality TV star.
KJ’s attorney Jason Sheffield told the Daily Mail last month: ‘My client is 100 percent innocent and tried to present evidence to the arresting officer, including a passed Polygraph by a notable and respected sex offender Polygrapher.
‘The fact that he’s been arrested and is being held without Bond is a tragedy. He is not only presumed innocent, but is in fact, innocent.
The couple with their children before their split
‘I will work tirelessly to demonstrate to the District Attorney’s office the mean-spirited nature of these false allegations and to bring a close to this matter as quickly as possible. I’m asking the Public not to presume the truth of these allegations and to give the families on both sides their space and privacy.’
In May, Zolciak, 48, who has been embroiled in a bitter child-custody row and split from Biermann, 40, celebrated KJ’s 15th birthday.
Zolciak shared multiple family photos from over the years, including snaps with KJ’s older sisters, Brielle, 29, and Ariana, 24, along with several photos that highlighted the striking resemblance he had to his younger brothers, Kash, 14, and 12-year-old Kane.
Zolciak and Biermann also welcomed daughter Kaia, 12, who is Kane’s twin.
The former Atlanta Falcons linebacker adopted Brielle and Ariana after tying the knot with his estranged wife in 2011.
The reality TV couple parted ways in 2023 and had a series of breakups and reconciliations before splitting for good.
In March, Biermann asked the court to grant him full custody of their minor children, and he accused his ex of ‘blatant mismanagement of basic parenting responsibilities’ in a court filing.
In June, a judge granted Biermann primary physical custody of their four minor children after he alleged that Zolciak was ‘unstable and unfit.’
Zolciak and Biermann will continue to share joint legal custody of the children.