The last two suspects accused in the Oglethorpe Mall shooting incident, 20-year-old Aujawan Hymon and 16-year-old Dahmil Johnson, made a court appearance on Wednesday in Savannah, Ga.
Johnson, noted as the youngest of the six individuals purportedly involved in the event, appeared publicly as a suspect for the first time. His attorney, Jonah Pine, requested this public appearance, expressing a preference for his client’s face to be shown.
The theme of Wednesday’s hearing was the same as the last week’s involving the four other suspects: probable cause.
The defense attorneys for Johnson and Hymon contended that there isn’t sufficient evidence connecting the shooting to Tina Smith’s death, who reportedly suffered heart complications while escaping the gunfire, according to a medical examiner’s report.
Pine referenced witness testimonies stating, “We heard that people trampled over her, that three or four people trampled over her,” explaining, “She crawled into a bush; was foaming at the mouth somewhere between six to 30 hours later, with incomplete information currently available.”
Based on this, motions were made to dismiss the felony murder charges for both suspects.
“We can’t even explain in simple terms how this particular victim died,” remarked Hymon’s attorney, Kaitlyn Walker. “What exactly was this cardiac event? The court sits here today without definitive answers to this question.”
Both defense teams called the charges an “overreach” by The State.
“Not a single one of these six children is guilty of murder, and the fact is The State has done a massive overreach,” said Pine.
The motions were struck down by Judge Crystal Harmon.
Judge Harmon dismissed identical motions the previous week filed by defense teams representing Franklin James, Johnathan Jones, Royce Haynes, and Theron Robbins. Her decision was based on her conclusion that the evidence provided shows probable cause justifying the charges presented.
“What the defense would like the court to do is find that it is not foreseeable that when two groups exchange in a shootout in broad daylight in the Oglethorpe Mall in Savannah, Georgia where multiple people are there, that it would not be foreseeable that someone would suffer a cardiac incident from the stress of that event,” said Chatham County Assistant District Attorney Lyle Burnham.
The defense also raised questions about what led to the gunfire, citing Royce Haynes may be seen on video trying to snatch a gold chain from Theron Robbins.
“Are there any witnesses who have suggested this was an attempted robbery?” Pine asked witness and lead investigator Detective Jessica Kurwel with the Savannah Police Department.
Detective Kurwel responded, “No I have not spoken to anyone who has alleged this event was the result of a robbery.”
Kurwel testified surveillance video showed Royce Haynes grabbed Robbins by the neckline of his hoodie before Robbins and Johnson first opened fire on the Hymon and other suspects.
The detective also testified Hymon had a weapon but was unable to shoot because he was shot and injured.
Hymon and Johnson are facing charges of felony murder, aggravated assault and possession of a firearm during commission of a felony.
Hymon is also facing an illegal weapons charge and Johnson and underage pistol possession charge.
The State is aiming to indict the six suspects by Oct 1.
