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By
Adriana Marroquin
- November 7, 2023
Court
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Daily Stories
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Juveniles
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Shooting
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On Nov. 6, following a forensic evaluation by doctors at the court’s Urgent Care Clinic, DC Superior Court Judge Andrea Hertzfeld ordered a juvenile be detained at a psychiatric hospital in the District.
The juvenile is charged in connection to a carjacking that ended in the death of 13-year-old Vernard Toney Jr., on Oct. 28, on the 600 block of D Street, NW.
According to a Metropolitan Police Department (MPD) press release, the two juveniles were allegedly attempting to carjack an off-duty security officer. The officer was carrying a legally owned firearm, and shot Toney Jr. The defendant is alleged to have fled the scene.
During the Nov. 6 hearing, the juvenile’s defense attorney alerted Judge Hertzfeld that his client is still in the intake center at the Department of Youth Rehabilitation Services (DYRS) and has been bullied by 17- and 18-year-olds. The defense attorney requested Judge Hertzfeld order DYRS to make sure the juvenile is safe.
He also requested the juvenile be released to his mother, who, the defense attorney argued is diligent, can supervise him and keep a “strict, watchful eye” on the child, insisting that his detention at the DYRS’ Youth Services Center (YSC) puts him at risk. According to the defense attorney, the juvenile has been at the intake center since his arrest on Oct. 31.
A representative for the court’s Social Services recommended the defendant remain detained until he’s evaluated. The defendant allegedly defecated on the shower floor and smeared the feces throughout the facility. Social Services argued the juvenile’s outbursts pose a safety risk to others in the YSC.
Judge Hertzfeld ordered an emergency forensic evaluation of the boy’s mental status. A doctor at the court’s Urgent Care Clinic recommended the juvenile be hospitalized due to their clinical findings.
In response, Judge Hertzfeld also ordered the juvenile be held under DYRS custody at a psychiatric facility in the District and undergo tests, mental evaluations, and personal and group therapy for 21 days. Previously, the defendant was diagnosed with mental health complications and prescribed medication, however he refused to take it.
The judge reminded the juvenile he must cooperate with doctors and other staff at the hospital to ensure his case moves forward.
Judge Hertzfield said she will also appoint a Court Appointed Special Advocate (CASA) or mentor for the juvenile.
In addition, she ordered the juvenile be transported to the hospital on Nov. 6, telling the defense attorney to reach out to her if DYRS fails to act accordingly.
“Excuse me, can I give him a hug,” asked the juvenile’s mother as he was escorted out of the courtroom. Her request was denied by the judge, who stated that is not allowed.
Parties are expected back on Nov. 20 for a status hearing.