Kim Zolciak's 15-year-old son, who is being held in a youth detention center after being indicted on seven felony charges related to sexual assault, is asking to be transferred to juvenile court.
Kroy Biermann Jr, known as KJ, has been held at Atlanta's Metro Regional Youth Detention Center since his August 17 arrest.
According to court documents, his legal team filed a motion Tuesday to move his case to Georgia's juvenile justice system. The transfer would mean KJ would no longer be prosecuted as an adult and could face less severe consequences if convicted.
Felony charges
A grand jury indicted the teenager last Thursday on charges of aggravated child molestation, aggravated sodomy, aggravated sexual battery, three counts of sexual battery against a child under 16, and false imprisonment.
The charges stem from an alleged April 23 encounter with a female classmate at a Life Time fitness center in Alpharetta, Georgia.
According to Fulton County Juvenile Court papers, the alleged victim said KJ suggested they go into a sauna at the gym. She claimed that in a family changing room on the way, KJ began to touch her and she said no.
The girl alleged he forced her to perform oral sex and attempted multiple times to have sexual intercourse before she managed to get away and he left.
An officer was dispatched to North Fulton Hospital on April 24, where the alleged victim was examined. Police said the girl and her father claimed the incident occurred the day prior. A police report noted that no evidence of male DNA was found in her mouth or vagina.
Police said an officer attempted to contact Kroy Biermann Sr on May 14 and spoke with him on May 18, when Biermann said he would discuss the matter with Zolciak.
Court proceedings
KJ is scheduled to appear in court on Friday for a bond hearing that was abruptly canceled on Tuesday.
His attorney, Jason Sheffield, said the state's indictment became the "controlling action" in the case, resulting in a change of judge and the postponement of the hearing.
Sheffield said the state has made it clear it intends to try KJ as an adult.
"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," Sheffield said, adding that the defense expects to enter not guilty pleas to all charges at an October 14 arraignment.
Lawyers submitted documents on Wednesday arguing that KJ should be released on bond, citing his strong academic record and athletic scholarships. They noted he submitted to polygraph testing and did not flee the state despite knowing about the charges in April.
The defense is also asking for confidentiality proceedings because both KJ and the alleged victim are juveniles, and due to the public interest generated by his mother's fame as a reality television star.
Defense statements
Zolciak released a statement calling the allegations "reckless and deeply troubling," and said her son voluntarily passed a polygraph examination.
"He categorically denies ever being involved with this woman or engaging in the conduct she has alleged," Zolciak said. "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."
Sheffield said his client is "100 percent innocent" and called the teenager's detention without bond a tragedy. He added that he tried to present evidence to the arresting officer, including the passed polygraph by a "notable and respected" expert.
"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," Sheffield said. He pledged to demonstrate the "mean-spirited nature of these false allegations" to the district attorney.
Lindsay Richards, a former prosecutor and sexual assault case expert, said the charges could land the teenager in prison for decades if convicted. Richards, who is not involved in the case, said the fact KJ remains in custody reflects the seriousness of the situation.
However, Richards said she expects him to be granted bond with strict conditions. "I think he'll be on a GPS. He'll probably be on house arrest, having to do school at home," she said, noting he may have to enroll in therapy and educational courses before trial.
Family background
Zolciak and Biermann, a former Atlanta Falcons linebacker who adopted her older daughters Brielle, 29, and Ariana, 24, after their 2011 wedding, split in 2023. The couple had a series of breakups before separating permanently.
In March, Biermann requested full custody of their minor children, accusing his ex-wife of "blatant mismanagement of basic parenting responsibilities." A judge granted him primary physical custody in June after he alleged Zolciak was "unstable and unfit."
The pair share joint legal custody of KJ, his brothers Kash, 14, and Kane, 12, and Kane's twin sister Kaia, 12. Zolciak celebrated KJ's 15th birthday in May, sharing family photos highlighting his resemblance to his younger brothers.
