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Teen faces new charges in BP shootingFeb 17, 2012 (Richmond Times-Dispatch - McClatchy-Tribune Information Services via COMTEX) -- One of two teenagers accused in the robbery and killing of a customer at a Richmond gas station is back in custody and appeared in court Thursday, more than two weeks after a judge ruled against moving the case forward, effectively freeing the teen. Tyee Marquel Hamiel, 16, was arraigned Thursday in Richmond Circuit Court on charges of murder, conspiracy to commit murder, robbery, use of a firearm in a murder and use of a firearm in a robbery. The charges stem from the shooting of Blaine Tyler on Nov. 25 inside the BP gas station at 1 Westover Hills Blvd. in South Richmond. Hamiel was indicted on the charges Feb. 8, but they were sealed until he appeared in court Thursday. Hamiel had been freed after a preliminary hearing Jan. 30 in Richmond Juvenile and Domestic Relations District Court when Judge Marilynn C. Goss ruled that authorities had not established sufficient probable cause to advance the case. Goss did, however, certify charges during the same hearing against the other suspect, Toby Smith Jr., who is accused of shooting Tyler and of killing another man a few hours later. It could not be determined on which day Hamiel was released from juvenile detention after the Jan. 30 preliminary hearing. But this past Friday, members of the Richmond area's U.S. Marshals Fugitive Task Force arrested Hamiel at a relative's home in the 2400 block of Atwell Lane in South Richmond. Smith faces 15 charges in the deaths of Tyler and Pierre Walter "Pete" Cosby, who was slain in an attempted robbery. A grand jury will consider the case on March 5, according to court records. Smith, 17, is accused of robbing Tyler of his gun inside the BP station and fatally shooting him about 8:15 p.m. on Nov. 25. Tyler, 48, had a concealed-carry permit but had been wearing the gun in a holster, plainly visible. According to court documents, Smith grabbed the gun from Tyler during a struggle inside the store and shot Tyler in the chest after the victim chased Smith. Authorities said Smith apparently used Tyler's gun to kill Cosby, 32, less than seven hours later in an attempted robbery in the Oak Grove neighborhood in South Richmond. Hamiel is not charged in Cosby's death. In the BP killing, authorities said Hamiel and Smith arrived at the store together and could be seen on surveillance video outside the BP talking before they went inside. Authorities said it also appeared Hamiel tried to create a distraction inside the store. At the Jan. 30 preliminary hearing, an attorney who had been representing Hamiel denied the allegation that Hamiel conspired with Smith. The attorney, John G. Lafratta, argued that the video shows Hamiel holding money inside the store as if planning to buy something, and he contended that his client did nothing illegal in the store. On Thursday, Hamiel appeared by video before Circuit Court Judge Margaret P. Spencer. Spencer asked him if he was able to hire an attorney or needed one appointed. "Court appointed, ma'am," Hamiel said. Spencer set Hamiel's next hearing for March 5 and later appointed attorney Sara M. Gaborik to represent him. Spencer ordered the teen held without bond at the city's juvenile detention center. [email protected] (804) 649-6332 ___ (c)2012 the Richmond Times-Dispatch (Richmond, Va.) Visit the Richmond Times-Dispatch (Richmond, Va.) at www.timesdispatch.com Distributed by MCT Information Services |