Two boys, ages 12 and 13, appeared in a Miami-Dade courtroom Thursday, accused of taking part in the sexual assault of a 12-year-old girl inside a community garden last June.
Nelson Nunez, 13; Jusiah Jones, 12; and 14-year-old Xavier Tyson were all charged as adults in the case, according to records. For an unknown reason, Tyson has not been booked into the adult system yet, but prosecutors tell NBC6 he is expected to surrender soon.
According to police, the victim told investigators she was taken to the Green Haven Project, a community garden in North West Miami-Dade, by the group of boys, held down, and prevented from screaming when rocks were forced into her mouth. While Jones and Tyson allegedly held the young girl down, Nunez raped her.
Nunez and Jones have been in jail since they were directly filed into the adult jail. Since Wednesday, the two have had a bond hearing, where they have been seeking a form of release until their trial.
For the past two days of what’s called an Arthur Hearing, Jones’s and Nunez’s families have packed the courtroom to show support for their loved ones.
The minors, who are being charged as adults, did not appear in court and remain behind bars as their families dispute police reports and push for their release
Jones is asking to be released, claiming he was pressured into participating in the assault by the other teens.
“He’s the only one who paused and said, ‘This is rape, we shouldn’t be doing this,’” said Jean-Michel D’Escoubet, Jones’s attorney.
Meanwhile, Nunez’s attorney Bijan Parwaresch argued his client should also be released until trial and be sent home to his family.
Parwaresch said that Nunez admitted to the crime, he was remorseful, and his family was willing to welcome him home to take care of him.
“I don’t have any doubt,” Nunez’s mother told Judge Richard Hersch on Thursday when asked if she would be willing to supervise her son if granted some form of release.
However, Judge Hersch did not issue any ruling Thursday. The bond hearing is expected to continue Monday.