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‘My client didn’t do that’: Defense attorneys ask for release of two teens arrested in fatal beating

Damien Hernandez, 17, appears in court alongside Chief Deputy District Attorney John Giordani o ...

The defense attorney for one of the teenagers arrested in connection with the fatal group beating of a Rancho High School student claimed that the victim and his friends instigated the fight.

Nine teenagers have been arrested in connection with the death of Jonathan Lewis, a 17-year-old student who was attacked by up to 10 teenagers in November outside of Rancho High School’s campus. The fatal beating was captured on video that showed the teenagers stomping, kicking and punching Lewis until he fell unconscious. He died of his injuries six days later.

Police have said the video shows Lewis taking off clothing to prepare for a fight. In court documents filed earlier this month, defense attorney Robert Draskovich wrote that Lewis and two of his friends instigated the fight when Lewis pushed Draskovich’s client, 17-year-old Gianni Robinson, into a car and then punched another teenager.

Police have said that a group of teens set up the fight after school after a pair of wireless headphones, and possibly a marijuana vape pen, were taken from either Lewis or his friends earlier in the week.

‘My client didn’t do that’

Draskovich said Tuesday that while Robinson was involved in the fight, he did not fatally injury Lewis.

“What happened to Jonathan Lewis is horrendous,” Draskovich said. “But my client didn’t do that.”

Draskovich and defense attorney Karen Connolly, who represents 17-year-old Damien Hernandez, each filed a motion for their clients to be released from custody while awaiting trial. Robinson, Hernandez and two other teenagers — Dontral Beaver, 16, and Treavion Randolph, 16 — are all facing charges as adults after their cases were automatically sent to the adult court system because of their ages.

The four teens have been charged with second-degree murder and conspiracy to commit battery resulting in substantial bodily harm.

A court hearing for Robinson and Hernandez’s motions was scheduled for Tuesday but was delayed by Justice of the Peace Nadia Wood in order for state prosecutors to provide more evidence, including additional video. The motions are now set to be heard during a status check on Thursday.

Connolly did not respond to a request for comment. Chief Deputy District Attorney John Giordani declined to comment on the motions.

Possibility of ‘varying degrees of culpability’

Draskovich also wrote in the motion that witnesses claimed at least one of the teenagers with Lewis had a knife. He said the order of events during the fight remains unclear because he has not seen all of the videos.

Robinson did not know all of the teenagers involved in the fight, Draskovich said. He wrote that Lewis’ fatal injuries were caused by only one of the teenagers.

“Gianni is not legally responsible for the actions of the youth who it is believed inflicted the mortal injuries upon the deceased,” Draskovich wrote in the motion. “Upon information and belief, but for the actions of that one youth, Jonathan would still be alive.”

Before the teenagers were formally charged, Clark County District Attorney Steve Wolfson said the teens could face “varying degrees of culpability” in Lewis’ death. The four teenagers were ultimately charged with second-degree murder, Wolfson said, because a first-degree murder charge would require evidence that there was premeditation.

Five other teenagers have been arrested in connection with Lewis’ death, and their cases remain in the juvenile court system. They will need to face a certification hearing for a judge to determine if they will be tried as adults.

All of the defendants remain in custody at the Juvenile Detention Center.

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.

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