GUNTERSVILLE — The Albertville High School student arrested Monday for allegedly bringing a loaded gun to school had his first court appearance Friday to determine if he would continue to be held without bond.
Defense attorney Richard Rice argued that his client, 16-year-old Djovani Jean-Pierre, was being unfairly targeted due to his Haitian descent and that much of the case against him was based on hearsay.
Rice, who replaced Jean-Peirre's court-appointed attorney Kevin Hanson halfway through the hearing Friday, accused Marshall County District Attorney Jennifer Bray of already convicting his client "in the court of public opinion" with statements she made during a press conference Tuesday and "overreaching" in charging him with first-degree armed robbery, which state law requires to be tried in adult court.
He further claimed Jean-Pierre was the only one charged in the alleged robbery due to his race and a supposed "background of outrage" toward Haitians in the Albertville community. Names of other potential suspects were mentioned during Friday's hearing, but the judge asked they not be shared outside the courtroom, given the state's laws on publishing information about minors.
Rice submitted for Judge Mitch Floyd's consideration a recent City of Albertville resolution on code enforcement and news reports of local residents' concerns with the recent influx of Haitian migrants. Albertville residents have recently spoken out on the issue and organized to ensure no one is being trafficked, that the new migrants integrate well into the community, and obey local codes and laws.
Jean-Pierre is a U.S. citizen born in Florida. He lives with his father in Guntersville, who came to America in 1996. Jean-Pierre's father said in court Friday that he works at Pilgrim's Pride and is not a U.S. citizen. Jean-Pierre's mother is a travel nurse currently residing in Rhode Island. She appeared in court Friday and said she would be willing to stay with her son in Alabama while on bond.
Bray said neither she nor any other official mentioned the defendant's race during the press conference and that it was irrelevant to the hearing and the charges against his client.
"As Mrs. Bray points out, race has not been an issue and is not an issue of the court," the judge said.
Floyd said the "elephant in the room" was the Aniah's Law statute and whether Jean-Pierre would pose a threat to the community if granted bond, given the severity of the charges.
Jean-Pierre was charged with first-degree robbery, second-degree assault, minor in possession of a weapon and resisting arrest. The theft and possession charges are both felonies that carry up to 10 years to life in prison if convicted, Bray said during Tuesday's press conference.
Bray argued Friday that Jean-Pierre is dangerous and should not be granted bond given the details of his crimes.
During the hearing, Albertville Police Chief Detective Eric Farmer explained the events leading up to Jean-Peirre's arrest Monday. Farmer testified that Jean-Pierre was at a bonfire party in Arab early Monday when the armed robbery took place. Multiple witnesses who were also at the party told Farmer that Jean-Peirre and the owner of the firearm got into an altercation after Jean-Peirre loaded and cocked the weapon and pointed it at the owner's head. The gun owner managed to grab the weapon, remove the magazine and put Jean-Pierre in a headlock when another party-goer brought out a second gun and broke up the scuffle. Jean-Pierre then left with the gun, a Heckler & Koch MP5 .22 pistol estimated to be worth roughly $600.
The weapon was the same one found in Jean-Pierre's backpack at school around 2:55 that afternoon when he fought with police and was tased twice. Plastic bags typically used in drug dealing, synthetic urine, and a prescription bottle for ibuprofen were also found in the backpack, Famer said. The original possessor of the gun identified Jean-Peirre out of a six-photo lineup as the person who stole the weapon from him at gunpoint.
Though the gun was loaded with roughly 27 rounds when it was found at the school, Farmer said there was no evidence to suggest Jean-Pierre intended to use it to harm anyone at school. However, he did allegedly try to open the backpack during the altercation with police.
In addition to his parents, a member of Jean-Pierre's church testified to his character, calling him a "sweet kid" who often came over to her house and played with her four children. However, when asked by Bray, she admitted that she wouldn't want him around her kids if the recent allegations proved true.
"I think he was a scared kid," the character witness said.
Jean-Pierre's parents ensured the court they could keep their son out of trouble and away from guns while awaiting trial if he was given bond. Bray asked why they had already apparently failed to do so Monday morning when the armed robbery took place.
"We're lucky we're not here today on a murder or manslaughter charge," Bray said.
She said despite his age, Jean-Peirre knowingly chose to break the law, and releasing him on bond would put the community in danger.
Rice said he wasn't convinced about the details of the armed robbery, given that, in his opinion, it was based on hearsay and not direct evidence. He said Jean-Pierre had dreams of joining the military and being an engineer and that "hundreds of people" have voiced support for him. Rice asked the judge to grant bond on the condition that Jean-Pierre's mom remain with him in Alabama, that he adhere to a curfew and that he finish his schooling at home.
Judge Floyd said he would render an order within 48 hours.
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