LAS VEGAS (KTNV) — Four of the teens accused of beating Rancho High School student Jonathan Lewis Jr. to death last month appeared in a Clark County courtroom before Judge Nadia Wood on Thursday morning.
Three of the attorneys for the defendants argued their clients were acting in self-defense during the fight that turned into a deadly beating.
All attorneys for the suspects were present during the hearing, and all except for one argued for bail conditions of release.
Robert Draskovich argued his client, Gianni Robinson, was not the initial aggressor in the fight.
"He was initially confronted and attacked by the decedent in this case," said Draskovich.
He alleged that the victim of the beating, Jonathan Lewis Jr., was the one who pushed his client into a car nearby, but ultimately, Robinson walked away before the fight finished.
Damien Hernandez's attorney, Karen Ann Connolly, expressed to Judge Wood her concerns about her client's upcoming 18th birthday, which would transfer Hernandez from juvenile detention to Clark County Detention Center.
"It's my position that my client was with his friend, saw his friend getting pummeled in the face, punched in the face by Jonathan," said Connolly. "He also saw another individual I'll refer to as F with a knife. My client reacted."
Connolly claimed Hernandez had never been in trouble in the past, with the exception of a citation related to possession of a marijuana vape pen.
She added her client acted in self-defense during the fight with Jonathan, who she says instigated the incident. Based on a video, she alleged that her client only "threw one kick" and was not responsible for Lewis Jr.'s death.
She argued for Hernandez's release on his own recognizance, saying he "needs to finish school and graduate."
Daniel Martinez, Treavion Randolph's attorney, claimed his client was one of the first to leave the fight and was only in the video for "about 9 seconds."
"It is unclear whether or not any of his attempts to strike Jonathan actually land," said Martinez.
He added that "a lot of the kids present did not know each other," which he says excludes any theory that this was a planned fight.
He claimed the back alley where the fight took place also served as a shortcut to get home after school.
Another point addressed by defense attorneys includes the claim that Lewis Jr.'s friend brought a knife to the fight, which is what prompted each of the suspect's "self-defense" actions. However, state prosecutors argued that it was clear the defendants did not care about the knife since they were clearly "focused on the fight."
Chief Deputy District Attorney John Giordani said it's not in dispute that Jonathan Lewis Jr. threw the first punch, but what the four individuals present in court did was not out of self-defense.
Giordani told Judge Wood that any threat Lewis Jr. posed to the teens in court was "clearly neutralized" when Jonathan was on the ground in the fetal position.
"I want to put this out there. Jonathan, the victim threw the first punch," said Giordani. "What is in dispute is that what these four guys did was self-defense because it was not. You watch the videos are pretty horrific. Jonathan is in a fetal position when as he is raining down blows on him."
Prosecutors also say the videos and photos presented in court show Hernandez and Randolph kicking Lewis Jr. while he's in this position. Additionally, he argued that Dontral Beaver, the fourth teen present in court, can be seen stomping on Lewis Jr.'s head.
Prosecutors asked for each teen's bail to be set at $250,000 with some level of electronic monitoring.
Judge Wood agreed with the state that the individuals did not act in self-defense during the fatal beating of Jonathan Lewis Jr. and will make a court order on each of the three who argued for bail in the coming days.
Gabriel Grasso, the attorney representing Beaver who did not argue bail in court Thursday, told our Jaewon Jung following the court hearing that he could not comment on how his client acted in the fight because he "is still reviewing all the evidence."
He also says he plans to file a motion for bail in the first or second week of January.
Lewis' mother and 4-year-old brother appeared in court virtually Thursday.
"She and her four year old son, who is Jonathan's little brother, won't have Jonathan for the holidays," said Giordani.
The preliminary hearing date for the teens is scheduled for January 18, 2024, at 10 a.m.
