One of the boys charged in 12-year-old’s rape can bond out of jail, judge rules
One of the boys charged as adults in the rape of a 12-year-old girl in Overtown will be released from jail as he awaits his trial, a judge ruled Monday.
Jusiah Jones, 12, will be released on total lockdown house arrest, meaning he will be monitored around the clock by an ankle monitor. Miami-Dade Circuit Court Judge Richard Hersch ordered Jones to stay away from the girl and avoid social media.
Jones, who broke down after the judge’s ruling, waved at his family and smiled as they shuffled out of the courtroom. When he is released, he will have to attend school online.
Prosecutors were seeking to keep Jones and Nelson Nunez, 13, behind bars as they await trial, citing the gravity of their charges. Both boys appeared in court Monday for the third day of their Arthur hearing, which allows judges to consider setting bonds for defendants charged with crimes that aren’t normally eligible for bail.
In an Arthur hearing, the state has to establish that “proof is evident and the presumption great” that the accused person is guilty. That’s a high burden — often considered even greater than proof beyond a reasonable doubt.
Hersh found that prosecutors met that burden for Nunez but not for Jones. Before ruling, the judge also considered if the children were a flight risk or danger to the community.
Outside the courtroom, Jones’ attorney, Jean-Michel D’Escoubet, called the judge’s ruling a “great first step” for his client. Nunez’s attorney, Bijan Parwaresch, said he is “extremely concerned” that his client will remain in jail, despite having an “impeccable” grades in school and no prior criminal record.
Nunez, who will remain in jail, put his head down and — despite being shackled —wiped tears from under his glasses.
READ MORE: Boys accused in gang rape of 12-year-old girl ask judge to let them out of jail
Nunez, Jones and Xavier Tyson, 15, are charged with sexual battery, kidnapping and false imprisonment. Their cases are being handled in adult court; all three boys have pleaded not guilty.
The rape happened around 10 p.m. June 18, 2025, in the garden area of the Green Haven Project community at 1160 NW Second Ave., according to a police report. The girl told detectives that Nunez grabbed her as she left her friend’s house and took her to a couch in the garden. There, Jones and Tyson held her arms and legs down to prevent her from escaping, according to the report.
Nunez then began raping her while Jones stuffed rocks in her mouth to try to stop her from screaming, detectives said in the report.
READ MORE: Detective testifies about rape of 12-year-old girl as boys seek release from jail
Prosecutor Arvind Singh said the boys should not be released because the rape “was a spontaneous attack.”
Why did one boy get a bond?
Jones’ attorney alleged that Nunez threatened Jones, coercing him into participating in the assault. He pointed out that the victim told police she believed Jones was “pressured.”
D’Escoubet added that Jones was afraid of Nunez and Tyson because they were “violently raping a young lady.” The attorney also mentioned that there was another boy who was with the group, but police say he did not participate in the attack. He told detectives he did not intervene because he “was afraid of getting beat up.”
“Even with the threat of harm, Jusiah Jones still had a conscience for a 12-year-old,” D’Escoubet said.
Singh, however, argued that Jones was not coerced but fearful of the consequences.
“Jones’ actions weren’t just standing and watching it happen,” Singh said. “His actions allowed it to continue.”
