MIAMI \u2014 A 13-year-old boy accused of raping a young girl in Miami\u2019s Overtown neighborhood will stay locked up ahead of his trial, a judge ruled Monday. But he allowed the release of a 12-year-old boy accused of shoving rocks in the victim\u2019s mouth to keep her quiet during the alleged half-hour assault.<\/p>\n
A third boy, accused of helping to restrain the 12-year-old girl, has an upcoming court appearance. All are charged as adults.<\/p>\n
Miami police said the assault happened on June 18 at The Green Haven Project community garden, located at 1160 NW Second Ave., near Frederick Douglass Elementary School.<\/p>\n
Miami-Dade Judge Richard Hersch ordered that Nelson Nunez, the accused ringleader of the gang rape, stay locked up in jail. But he allowed Jusiah Jones to be released from jail \u2015 albeit on total lockdown house arrest.<\/p>\n
Fifteen-year-old Xavier Tyson, meanwhile, is out of custody but scheduled to appear in court soon. He was 14 at the time of the alleged crime.<\/p>\n
Jones\u2019 lawyer, Jean-Michel D\u2019Escoubet, had argued that the victim made statements suggesting his client was remorseful and joined the two older boys under \u201cduress.\u201d <\/p>\n
\u201cMy client received a substantially different outcome because he was in a substantially different position,\u201d D\u2019Escoubet said. \u201cThe position he was in was that he was forced to do the things that he did by the other two children as a threat of force and those were the words of the young victim herself.\u201d<\/p>\n
South Florida media outlets, including Local 10 News, also spoke to Nunez\u2019s attorney, Bijan Sebastian Parwaresch, after the ruling.<\/p>\n
\u201cNow that doesn\u2019t mean he\u2019s going to stay in custody forever,\u201d he said. \u201cIt just means, for now, as we are defending the case and resolving the case, he will remain in custody.\u201d<\/p>\n
During the joint hearing for Jones and Nunez, prosecutors had argued in favor of keeping both behind bars.<\/p>\n
\ud83c\udfe0 News From Your Neighborhood<\/p>\n
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