BALTIMORE — The case of a squeegee kid accused of shooting and killing Timothy Reynolds during a July altercation in downtown Baltimore will remain in the adult justice system.
"The judge listened to our case. He heard us all out. He didn't rush us. He let us present our case and he didn't agree with us, we were unable to persuade him as to why our child should be transferred to the Department of Juvenile Services," Attorney J. Wyndal Gordon, the teen's lawyer said.
Prosecutors and defense attorneys first reached an agreement to move the case out of adult court on Monday.
A Baltimore City Circuit Court judge however denied the move Thursday morning, after hearing dozens of impact statements from both the victim's family and defense.
"He just felt like that, that this boy was not amenable to whatever treatment modalities were available in the juvenile court. So, he said that that was most important thing to him," said Warren Brown, another defense attorney representing the teen.
If prosecutors were to have their way, the now 15-year-old suspect would have pleaded guilty to manslaughter, which could have required between 9 and 18 months in juvenile detention.
The Assistant Baltimore City State's Attorney originally assigned to the case had previously offered a plea deal that would have put the teen behind bars for 60-years at the adult level.
His lawyers quickly rejected that proposal.
Outgoing State's Attorney Marilyn Mosby later issued a statement, saying the offer was not authorized or approved by her office.
After it was determined the the case will remain in the adult justice system, Mosby issued the following statement.
“Today’s decision by the court could not have been an easy one to make, but it was done in the interest of justice and fairness. As I’ve stated before, there are no winners in this case. A man has lost his life and a child will have to face consequences because of his inexcusable and reckless actions. The juvenile system is rooted in the goal of reform, and it is my sincere hope that this young man will turn his life around and forever remember the damage he has done to the Reynolds’ family. My thoughts are with them during this incredibly difficult time.”
Lawyers for the teen claimed he was defending himself from a much larger individual in Reynolds. They argued juvenile services offers their client the best chance at rehabilitation, as opposed to the adult justice system.
Former prosecutor Thiru Vignarajah, who is advocating for the Reynolds family, pushed back on the self defense argument calling the plea deal "laughable."
"This was not a case of self defense. This was not a case of an accident. This was not a case of the gun going off. This was not a case of a child being frightened," Vignarajah said earlier in the week. "Nine months in juvenile custody is a joke. That's not time for rehabilitation. That's not time for him to learn a lesson. That is a signal to every person in this city that crimes, even murders have no consequences in this city."
Vignarajah also criticized Mosby for not giving the Reynolds family any prior notice of an agreement with the defendant.
"If this is how she's going to approach cases of real significance, murder cases that her prosecutors proudly presented to a grand jury, that the detectives she worked with probably recommended murder charges, she ought to just step down. Her job here is done, and at this point, she's not doing any good for the city, for the citizens, for these young people, or for the victims," added Vignarajah.
The teen's attorneys also mentioned how this process has shed light on some things that have fueled the teens aggressive behavior, which he’s now seeking help for.
"He learned about some things that were affecting him that he never knew affected him, such as the loss of loved ones, and the trauma that comes with that, trauma of racism, the trauma of, you know, just having anxiety and depression," Gordon said.
Although preliminary reports indicated that Reynolds, 48, started the encounter first by swinging a bat at the teen and a group of others who were squeegeeing, a police report obtained by WMAR cites video evidence suggesting that might not have been the case.
RELATED: Court docs describe video showing man walking away before deadly squeegee encounter
Investigators wrote that Reynolds was actually walking away from the group, when they began to follow and surround him.
Reynolds reportedly swung the bat to fend them off, but was hit in the head with a rock causing him to become disoriented.
That's when police say the teen shot Reynolds multiple times, killing him. The gunman was then seen on camera running away, while changing his shirt.
Multiple witnesses helped detectives identify the shooter, who turned out to be just 14-years-old at the time. He was arrested and charged as an adult on July 14, one week after the incident.
"Someone wielding a bat, we would believe is definitely deadly force and the law allows deadly force to be met with deadly force," Gordon said, one day after his client was arrested. "We understand the duty to retreat, but there's no duty when it's unsafe or the avenue of escape is unknown."
Vignarajah disagreed with that assertion.
"You can't claim self defense when you go get the gotten put a mask on, point the gun and fire into the back of a helpless individual."
The video footage in question has not been publicly released or independently reviewed by WMAR, but on Tuesday Vignarajah released still CCTV photos describing the deadly incident.
"The defendant, who is the furthest away from the victim, can be seen in the video footage shooting the victim as the victim is turning away, not swinging, not threatening anyone but turning away," Vignarajah explained.
MORE: Attorney releases CCTV photos of July's deadly encounter between driver and squeegee worker
Mosby meanwhile has defended her recommendation to have the case remanded to juvenile court, but refused to say what factors played into the decision.
"While the actions of this juvenile are wholly unacceptable and inexcusable, we stand firm in our ultimate recommendation to the judge that this case be held in the juvenile court system," said Mosby. "Much of the factors that we considered in arriving at our recommendation cannot be discussed publicly due to the fact that the case is open and the defendant is a juvenile."
State Senator Jill Carter, who introduced a bill last legislative session that would have required all defendants under 18 to start in juvenile court, released a statement following the judge's decision.
"I disagree with the decision to retain a 14 year old in the adult system. (14 at the time of the incident). He should not have been charged as an adult in the first place," Carter said. "The state has handled this case poorly from the outset by overcharging and violating the confidentiality law. The decision to keep him in the adult system smacks of politics and finds no basis in law, science, or sound legal analysis."
Carter's bill eventuallystalled in committee.
Reynolds' family also weighed in saying although thrilled about the judge’s ruling, the entire case is heart wrenching.
"We are not celebrating, we believe it was the right thing to do but there are no winners in this case, and we just are going to continue to fight to get justice for my brother," said Reynolds' sister.
Back in August, the Reynolds family said they intended to sue the City, State's Attorney's Office, and Police department over the shooting.
SEE ALSO: Family of man killed during encounter with squeegee group plans to sue City
Since then, the long lasting issues of squeegeeing in the City has returned to the forefront of debate.
There have been reports of several assaults involving squeegee groups, even after Reynolds' death.
City leaders have unveiled a plan that could pay some teens to not squeegee if they agree to take part in education and training programs that are being made available to them.
Ivan Bates, Baltimore City State's Attorney Elect, has pledged to enforce existing panhandling laws when he takes office in January.
