One of two teenagers accused in the robbery and killing of a customer inside a gas station in South Richmond will be released from custody but still could be indicted on the same charges, authorities said after a court hearing Monday.
Judge Marilynn C. Goss of Richmond Juvenile and Domestic Relations District Court declined Monday to certify to a grand jury several felony charges against Tyee Marquel Hamiel, 16. The judge ruled during a preliminary hearing that prosecutors did not establish sufficient probable cause. Goss did, however, certify charges against the other suspect, who is accused of shooting the victim and of killing another man a few hours later.
"I'm definitely concerned for the Richmond community with him being released," said prosecutor Andy Johnson after the hearing, referring to Hamiel, whose criminal record includes convictions in 2007 of grand larceny and malicious wounding. Johnson added that he respects the judge's decision.
Goss certified to a grand jury more than a dozen charges against the other suspect, Toby Smith Jr., 17, who is accused of robbing Blaine Tyler of his gun and fatally shooting Tyler on Nov. 25 inside the BP gas station at 1 Westover Hills Blvd. The shooting unfolded about 8:15 p.m.
Tyler, 48, had a concealed-carry permit but had been wearing the gun on a holster, plainly visible. According to court documents, Smith grabbed the gun from Tyler during a struggle inside the store and shot Tyler in the chest after the victim chased Smith.
Prosecutor Jed Patterson said Monday that the same weapon — apparently the one stolen from Tyler and used to kill him in the BP store — also was used to kill Pierre Walter "Pete" Cosby less than seven hours later in an attempted robbery in the Oak Grove neighborhood in South Richmond.
Patterson said a shell casing found at the BP station and shell casings found at the second homicide scene in the 1700 block of Edwards Avenue show that the same gun was used in both cases. Authorities have not recovered the weapon.
