MIAMI — Two of the three young boys being charged as adults after being accused of raping a 12-year-old girl in Miami’s Overtown neighborhood were back in court Thursday as a judge weighs whether they should stay locked up.
Miami-Dade Judge Richard Hersch continued to hear arguments for and against keeping Nelson Nunez, 13, and Jusiah Jones, 12, locked up until their trials during a pre-trial detention “Arthur hearing.”
In such a hearing, a judge decides if a suspect or suspects could be released on bond, even though they’re charged with offenses that would typically keep someone behind bars.
Nunez and Jones, along with then-14-year-old Xavier Tyson, are accused of raping the girl on June 18 at The Green Haven Project community garden, located at 1160 NW Second Ave., near Frederick Douglass Elementary School.
Jones is accused of putting rocks in the girl’s mouth during the assault, which she said lasted about a half-hour, to keep her quiet.
Tyson, now 15, is not in custody but will have his own pre-trial detention hearing soon.
Bijan Sebastian Parwaresch, Nunez’s attorney, argued, “Clearly, at that age, the understanding of inactions and the consequences are not the same as an adult person,” as he argued that his client should be released on bond.
Miami Police Department Detective Louis Joseph, the lead investigator on the case, faced questions related to the young victim’s statement.
Jones was emotional in the courtroom as a detective recounted the victim’s statement.
“In your report, (you said Jusiah Jones) told Nelson Nunez and Xavier Tyson that ‘they were going too far’ and ‘they’ is Nelson Nunez and Xavier Tyson, correct?” Jones’ attorney asked Joseph.
“Correct,” Joseph replied.
A forensic psychologist also testified to the possible impact of housing a child in an adult jail.
“In general, my concern would be that you have somebody who is not just a juvenile, but quite young, who would inherently need to be segregated from their general population that they serve,” Dr. Heather Holmes testified.
The ongoing hearing is set to resume on Monday morning.
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