A Miami-Dade judge ruled Monday that a 13-year-old boy accused of leading a gang rape in Miami’s Overtown neighborhood will remain in jail ahead of his trial, while ordering the release of a 12-year-old co-defendant to house arrest. Judge Richard Hersch ordered that Nelson Nunez, identified as the accused ringleader, stay locked up in jail during a joint hearing for two of the three boys charged as adults in the case. The assault allegedly occurred on June 18 at The Green Haven Project community garden, located at 1160 NW Second Ave., near Frederick Douglass Elementary School.
Hersch allowed Jusiah Jones, the 12-year-old accused of shoving rocks in the victim’s mouth during the alleged half-hour assault, to be released from jail on total lockdown house arrest. Jones’ attorney, Jean-Michel D’Escoubet, argued that his client acted under duress from the older defendants. “My client received a substantially different outcome because he was in a substantially different position,” D’Escoubet said. “The 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.”
A third defendant, 15-year-old Xavier Tyson, remains out of custody but is scheduled to appear in court soon. Tyson was 14 at the time of the alleged crime and is accused of helping to restrain the 12-year-old victim during the assault. All three boys face charges as adults in connection with the incident that Miami police say lasted approximately 30 minutes at the community garden location.
Nunez’s attorney, Bijan Sebastian Parwaresch, addressed the custody ruling following the hearing. “Now that doesn’t mean he’s going to stay in custody forever,” he said. “It just means, for now, as we are defending the case and resolving the case, he will remain in custody.” Prosecutors had argued during the joint hearing that both Jones and Nunez should remain behind bars pending trial.
D’Escoubet had presented evidence suggesting the victim made statements indicating Jones showed remorse and participated in the assault only because he was coerced by the two older defendants. The defense attorney emphasized that his client’s involvement differed significantly from that of Nunez and Tyson, leading to the judge’s decision to allow Jones’ release under strict house arrest conditions.
The case has drawn attention due to the young ages of both the defendants and the victim, with all three boys being charged as adults despite their ages ranging from 12 to 15 at the time of the alleged assault. The incident occurred in broad daylight at a community garden that serves the Overtown neighborhood, located near Frederick Douglass Elementary School on Northwest Second Avenue.
Tyson’s upcoming court appearance will determine his custody status as the case moves forward through the Miami-Dade court system.