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Four Las Vegas teenagers accused of beating a 17-year-old to death have asked a judge to dismiss their murder charge, despite the attack being caught on camera.
The accused, Dontral Beaver, 16; Damien Hernandez, 17; Treavion Randolph, 16; and Gianni Robinson, 17, have been indicted and pleaded not guilty to the murder of Jonathan Lewis.
The foursome and their attorneys appeared in front of Clark County District Court Judge Tierra Jones yesterday and argued that there is insufficient evidence for their charges.
Multiple videos from the day of the attack show a group of teens hitting, kicking and stomping Lewis to the point of unconsciousness, which resulted in his death a week later.
Footage obtained by 8 News Now also showed Lewis being carried to safety by a student and neighbor back to the high school after the savage attack.
Another video shows Lewis being stomped on by the group as he attempts to defend himself from the assault, before being knocked unconscious.
Jonathan Lewis, 17, died in the hospital days after he was viciously attacked by a group of around 15 other teenagers on November 1
Dontral Beaver, 16 (left), and Gianni Robinson, 17, were arrested alongside six others accused of attacking Lewis
Damien Hernandez, 17 (left), and Treavion Randolph, 16 (right), have both been charged with murder as adults
The foursome and their attorneys appeared in front of Clark County District Court Judge Tierra Jones yesterday and argued that there is insufficient evidence for their charges
Even though footage has been submitted to court including surveillance video that showed Lewis pushing a student and then punching another before he was swarmed, defense attorneys have argued the incident was not a 'coordinated series of attacks.'
Special Public Defender Daniel Martinez, who is representing Randolph said during the hearing: 'The conspiracy requires some sort of agreement, whether it’s expressed or implied, or with a coordinated series of attacks.
'Again, the video is very telling. There was nothing coordinated about this at all your honor. It was complete mayhem, from everybody that was involved. Everybody acting on their own.'
Karen Connnolly, who represents Hernandez also said: 'It wasn't planned, there was no coordinated series of attacks. This was a spontaneous response.'
Connnolly explained in her petition for the dismissal: 'There is no evidence that Damien directly caused the death of Jonathan as a principal. The detective who attend the autopsy described a very, very serious injury to Jonathan’s brain.
'The video clearly shows youths repeatedly stomping on Jonathan’s head after Damien retreated. The video does not even show if Damien actually made contact with Jonathan.'
Randolph (left) is being represented by Special Public Defender Daniel Martinez and Hernandez (right) is being represented by Karen Connnolly
Beaver (left) is being represented by Gabriel Grasso and Robinson (center) is being represented by Robert Draskovich. Both of them appeared in court yesterday along with Randolph
Lewis is seen here being stomped on by the group as he attempts to defend himself from the assault, before being knocked unconscious
Martinez further argued that his client was only involved in the attack for 'less than 10 seconds' and instead, others were seen stomping on Lewis.
Beaver’s attorney, Gabriel Grasso made similar claims to Martinez and told the court that 'no evidence was presented [to prove] that Beaver struck a part of the body of Jonathan Lewis, which could later be determined to have led to his death.'
Robert Draskovich, who is Robinson’s attorney, also took the same route and told Judge Jones that 'there is no testimony that any particular kick or punch by Gianni impacted any particular part of the victim’s body.
'There is no testimony, for example, that Gianni ever struck the alleged victim’s head or face with any kicks or punches'.
But Chief Deputy District Attorney Pamela Weckerly argued against all of the claims made by all four attorneys and said that a 'conspiracy does not have to involve the defendants communicating with each other.'
But rather, prosecutors need to show a 'coordinated series of acts.'
'There’s nothing going on except for inflicting injuries on the victim in this case. That was a coordinated series of act,' Weckerly said.
Footage obtained by 8 News Now shows Lewis being carried to safety by a student and neighbor back to the high school after the savage attack
Lewis was hospitalized with severe head trauma and other injuries and died a week later
Flowers were left at the scene with a poignant message on one bouquet reading: 'You are a hero!!!'
Two of the four teenagers who have plead guilty to voluntary manslaughter for beating Las Vegas teen Jonathan Lewis to death in November
Grasso and Connnolly filed a Petition for Writ of Habeas Corpus yesterday while Draskovich filed on Wednesday and Martinez submitted the petition on Tuesday.
Four other teenagers have already pleaded guilty to voluntary manslaughter, including two juveniles.
The youngest assailant, only 13 years old, was also one of the four who pleaded guilty and has been ordered to participate in a gang intervention program and attend a juvenile facility as part of his sentencing.
All four are currently being tried in adult court and Judge Jones said she would issue a written decision on the requests but has not provided a date.