Third teen charged in Overtown child rape case appears in court; judge orders no bond
A third teenager accused in the rape of a 12-year-old girl in Overtown last summer appeared before a judge on Monday.
15-year-old Xavier Tyson was arrested last year in connection with an attack that reportedly occurred on June 18, 2025, but was released at the time and not initially charged.
Now, he faces charges of lewd and lascivious molestation of a child and false imprisonment.
Miami-Dade Circuit Court Judge Richard Hersch described the incident as a "horrific attack" that investigators say lasted 30 minutes and ended only when the suspects heard the victim's father calling her name. Then, the teens reportedly ran away.
Investigators say the 12-year-old girl alleged she was taken to a community garden in Overtown, restrained and then raped.
Nunez is being held without bond and on house arrest.
On Monday, Miami-Dade Circuit Court Judge Mindy Glazer said, "Mr. Tyson, I have before me a grand jury indictment. These are formal charges against you. You are presumed to be not guilty."
Judge Glazer also found probable cause for the charges and held Tyson without bond on one of the charges pending another hearing.
She also ordered him to stay away from the victim. She said, "That is no contact either directly or indirectly, in person or by telephone or through a third person or through social media."
Tyson's attorney Marlene Montaner released a statement to CBS News Miami saying, "Xavier is innocent and everyone who knows him is shocked and knows he didn't do what he is accused of. He's young and respectful and is known for how hard he worked in the community garden. Xavier is 15 and has no prior record, and it's a travesty the state attorneys office filed this in adult court."
At a previous hearing, Jusiah Jones's attorney said that Jones was forced by the other suspects to put rocks in the girl's mouth and the attorney for Nelson Nunez said he has shown remorse after the incident.