Juvenile pleads to 3rd-degree murder

ONE OF three juveniles who participated in a vicious attack on a homeless man at an Olney gas station in April pleaded guilty in Family Court on Tuesday to third-degree murder and conspiracy.

Under a plea deal offered by the District Attorney's Office, the 14-year-old boy's case remained in Juvenile Court even though he was charged with murder.

In all, six defendants - three juveniles and three women - were charged in the beating of Robert Barnes. After Barnes, 51, died Nov. 25, the D.A.'s Office charged the adults with murder, and said the juveniles also would be charged with murder.

The adults - Aleathea Gillard, 35; Kaisha Duggins, 25; and Shareena Joachim, 24 - face a Feb. 3 preliminary hearing on murder charges, including first-degree.

The three juveniles - two boys and a girl - pleaded guilty in Family Court in June to aggravated assault and conspiracy. They were sentenced the next month by Common Pleas Judge Robert Rebstock to juvenile residential-treatment facilities, which focus on rehabilitation and treatment.

At the time of their pleas, a prosecutor said that if Barnes were to die, the juveniles could face homicide charges.

All three juveniles were expected to appear in Family Court before Rebstock on Tuesday, but only the 14-year-old was brought from his placement facility. The other two had their hearings rescheduled to Jan. 22.

Under the plea deal, the 14-year-old was charged with third-degree murder and conspiracy and pleaded guilty to those charges.

He is to be committed for two years at St. Gabriel's Hall, a residential-treatment facility in Montgomery County, where he was placed last year following his plea to the aggravated-assault charge. He will get credit for the months he has already been there.

Rebstock said there are "people much more culpable than" the teen. It was clear the judge was referring to the adult defendants.

The boy, dressed in a blue collared shirt and a darker-blue fleece jacket, told the judge he did not have any questions.

After the hearing, Assistant District Attorney Chesley Lightsey said that typically under the law, any defendant - regardless of age - who is charged with murder would have his or her case filed in adult court.

But in this case, her office "agreed to circumvent the system" because "we all agreed to keep [the juveniles] in Juvenile Court."

"We did not believe it was in anyone's interest" to have the juveniles spend time in adult prison, she said. Even if they were initially charged in adult court, their cases would have ended up in Juvenile Court, she said.

She also said that in this case, it was the adults who were holding the weapons and who dragged the kids along to the attack.

Lightsey said her office also agreed to have the 14-year-old boy's case kept in Juvenile Court because of his age and because he had no prior arrests.

She said similar plea deals are expected to be offered to the other two juveniles at their hearing. Each is expected to be charged with third-degree murder and conspiracy.

It was about 6:40 p.m. April 7 when Barnes was beaten outside a Sunoco station on 5th Street near Somerville Avenue. The assault - caught on video - landed him in a coma.

Gillard allegedly pummeled Barnes in the head with a piece of wood from a broken rocking chair. Duggins allegedly hit him in the head, legs, and feet with a hammer. Joachim allegedly tried to spray him with Mace, but accidentally sprayed Gillard's then-13-year-old son.

The 13-year-old; Gillard's then-12-year-old daughter; and the 14-year-old, who was a friend of Gillard's son, participated in the attack by punching or kicking Barnes. The 14-year-old is seen in the video kicking Barnes as he lay on the ground.

Barnes died on Nov. 25, seven months after the beating, at Abington Hospital-Jefferson Health.

shawj@phillynews.com

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