16-year-old accused of robbery wants case transferred to juvenile court

CEDAR RAPIDS – A 16-year-old charged for his involvement of robbing seven other teenagers at gunpoint last December claims he didn't know his friends had a gun or had planned to commit the robbery, his attorney told the court Thursday.

Attorney James Thomas asked a judge to transfer the case against Joseph Abouraad, 16, charged with seven counts of first-degree robbery, to juvenile court to give him a chance to keep this crime off his record. He doesn't have a criminal history, has stayed in school and works two jobs.

“He has a tight knit, caring family….they were shocked when they found out his involvement because this is completely out of character for Joseph,” Thomas said.

First Assistant Linn County Attorney Nick Maybanks argued against the transfer, saying this is a forcible felony and Abouraad admitted he was present for the planning of the robbery and he was driving the car that night.

“He didn't come forward until the police came to him,” Maybanks said.

The seven alleged victims told police the robbers were dressed in black with their faces covered took their wallets, cash, and an iPod about 11 p.m. in the parking lot of Garfield Elementary School Dec. 17, 2010, according to a police report. One of the robbers was armed and fired a shot into the rear window of a car owned by one of the teenagers.

His co-defendants, Nico Tillmon, 17, and Nicholas Manyfield, are also charged with seven counts of first-degree robbery. There are two other 15-year-olds who were charged in  March but because of their age they had to go through juvenile court.

Thomas submitted 17 letters of support from his family and community, saying Abouraad is a well-mannered, polite and responsible young man. His family and friends attended the hearing.

Thomas said Abouraad was hanging out with his friends and he was asked to give another teen he didn't know a ride and he had the gun. Abouraad was scared and left when he heard the gunshots.

Abouraad told police he was driving the car but he didn't know somebody had a gun. Abouraad said he left the scene when the gun was fired, Thomas said.

Maybanks put on two juvenile court officers to testify about Tillmon and Manyfield. He asked the officers how Abouraad's situation differs from them.

Tillmon's charges will remain in adult court and one of the juvenile officers has recommended Manyfield charges also stay in adult court.

One of the officers recommended Abouraad's charges transfer to juvenile court, saying the cases are different based on Abouraad's family life, his school attendance and his lack of criminal history.

Maybanks argued that Abouraad would only be under supervision for 13 months before he turns 18 and at that time there's nothing the juvenile system do to require him to continue any rehabilitation.

Sixth Judicial District Judge Douglas Russell said he would take the motion under advisement and rule later.