MIAMI — A 15-year-old accused of helping restrain a 12-year-old girl while she was raped at a Miami community garden will remain locked up as he awaits trial, a judge ruled Friday.
Xavier Tyson is one of three boys charged in connection with the alleged attack, which police say occurred in June 2025 at The Green Haven Project at 1160 NW Second Ave. in the city’s Overtown neighborhood.
According to investigators with the Miami Police Department, 13-year-old Nelson Nunez was accused of raping the victim while Tyson, then 14, and 13-year-old Jusiah Jones held her down. Officers testified the girl had rocks placed in her mouth to keep her quiet during what police say was a 30-minute assault.
“She was begging for them to stop and then they put rocks in her mouth and said if you keep yelling we’ll put more rocks in your mouth,” MPD Detective Louis Joseph testified on Friday.
Police described the rocks as small, beige and pebble-like.
Tyson’s attorney called multiple witnesses in an effort to secure his release, including his aunt and legal guardian, who described him as respectful and non-violent.
“He would never do anything like that,” said Amadonne Gabriel, Tyson’s Aunt. “He’s a respectful child. Loving caring. I have other kids. He plays well. Not violent.”
The co-founder of the community garden, Jorge Palacios, also testified, saying Tyson had become a familiar and well-regarded presence at the program.
“He became a known face at the garden — the main child you would interact with,” Palacios said. “People would come looking for him.”
Miami-Dade Judge Richard Hersch was unconvinced, citing the severity of Tyson’s alleged role.
“Your client held the child down while his friends raped her,” he said. “I’m uncomfortable with the degree of culpability. He will remain detained.”
Tyson’s attorney pushed back on the ruling, arguing the inconsistencies in witness accounts were too significant to dismiss.
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