Boys accused in gang rape of 12-year-old girl ask judge to let them out of jail

Two of three boys accused of raping a 12-year-old girl in Overtown have asked the judge to release them from jail pending trial.

Lawyers for 13-year-old Nelson Nunez and 12-year-old Jusiah Jones appeared in court Wednesday for an Arthur hearing, which allows judges to consider setting bail for defendants charged with crimes that are not normally eligible for bail.

Nunez, Jones and 15-year-old Xavier Tyson were charged with sexual assault, kidnapping and false imprisonment. Their cases are being heard in adult court before Miami-Dade Circuit Court Judge Richard Hersch.

All three boys pleaded not guilty. Tyson, who was released on bail, briefly attended the hearing.

READ MORE: Miami boys, 12 and 13, charged as adults for rape of 12-year-old girl in Overtown

Prosecutors are trying to keep Nunez and Jones behind bars while they await trial, citing the seriousness of the charges. The special bond hearing began Wednesday with Jones’ attorney, Jean-Michel D’Escoubet, calling several of the boy’s loved ones to testify.

At the Arthur trial, the state must prove that “the evidence is clear and the presumption overwhelming” that the defendant is guilty. This is a heavy burden; is often considered even greater than proof beyond a reasonable doubt.

During the trial, D’Escoubet said Nunez threatened Jones, forcing him to participate in the attack. Jones is accused of pushing the victim to the ground and stuffing a rock into her mouth to stop her from screaming. The lawyer said the victim also told police she believed Jones was “under duress.”

“[Jones] He was the only one of the boys who actually paused, was conscious, and said, ‘We must stop.’ This is going too far. This is rape. We shouldn’t be doing this,’” D’Escoubet said.

Supporters call for evacuation

Jones’ mother, Tecola Williams, said her son would live with her if released. Williams said he had a nail technician at home and could keep an eye on her when she wasn’t at school.

Williams said he and Jones’ father, Mervin Jones Sr., who lives in Maryland, talk to Jones on the phone every day to “lift his spirit.”

Williams said the boy received mentorship from the Circle of Brotherhood, an organization made up mostly of black men with a mission to find solutions to community problems. Jones remained involved with the group after he was released from juvenile detention last year following an arrest that ended with prosecutors not pursuing charges.

“He stayed out of trouble,” Williams said.

Earnest Hardy, who has been a mentor of the Brotherhood Circle for 6 years, said in court that he was shocked by the allegations against Jones.

He said the boy was unlike the dozens of children he mentored. Hardy said Jones was not defiant, held his own and had a supportive family.

“It’s been surprising that he’s been in this situation ever since I met this kid,” said Hardy, who became a “life coach” after serving a prison sentence and was shot several times, leaving him paralyzed.

While behind bars, Jones received violent threats from two other juveniles because of the nature of the charges, his attorney said.

“He’s too young to be there,” Hardy said. “… No rehab.”

The hearing will continue on Thursday morning.

A harrowing attack

According to the police report, the rape occurred around 10 p.m. on June 18 at 1160 NW Second Ave. It occurred in the garden area of ​​the Green Haven Project community at.

The girl told Miami Special Victims Unit detectives that as she was leaving her friend’s house, Nunez grabbed her and took her to a couch in the yard. There, Jones and Tyson held his arms and legs down to prevent him from escaping, according to the report.

Nunez began raping Jones while he stuffed a rock in her mouth to stop her from screaming, detectives said in the report.

The girl told police the horrific torture lasted about 30 minutes but ended when the boys ran away when they heard the victim’s father calling his name from a distance, the report said.

The report claims that the father and an eyewitness who was the girl’s neighbor were the first to report the incident to the police. The witness reported officers the next day and said he believed the girl had been raped.

He said he heard a girl yelling, “Stop. I’m not playing. I’m not playing” while she was picking up her mail between 10 p.m. and 10:30 p.m., according to the report.

The woman then shouted into the distance: “Who’s screaming?” he told detectives. He then saw the girl’s father, his neighbor, yelling at his daughter, according to the report.

There was another child in the group, but police said he did not take part in the attack. He told detectives he did not intervene because he was “afraid of being beaten.”