Murder charges dismissed against teen accused of fatally beating 73-year-old with traffic cone

Bologna said he argued in court that the video footage of the attack did not clearly show whether Jones struck Lambert in the head or upper back with the cone, and that the latter would not have been fatal. He also said the video showed Lambert immediately getting up to walk away, something he said indicated Lambert was not suffering from a concussion or head injury at that time.

He also said Jones immediately retreated, and argued that just because Mosley picked up the cone after he did, Jones was not responsible for her actions, and was not involved in any conspiracy. McDermott agreed and threw out the charges.

Although prosecutors intend to appeal the decision to Superior Court, for now, Jones is no longer on house arrest, and has been able to return home to his mother, Bologna said.

In late February, Mosley’s case was decertified and sent to juvenile court, and she was adjudicated delinquent of murder, conspiracy, and possession of an instrument of crime, according to records. Court administrators did not respond to questions about her sentence. Mosley’s lawyer, Susan M. Lin, declined to comment.

Lambert’s niece, Tania Stephens, said she was angry with McDermott and the legal system.

“I think it’s a slap in my family’s face and every other family who is a victim of crime,” Stephens said Thursday.

Bologna said Jones has been attending virtual school since he was released on bail last March and placed on 24/7 house arrest, and that his most recent grades included all As and one B.

“I see what happened to Mr. Lambert as a tragedy, but one that should not have been compounded by overcharging a 14-year-old boy in adult court with crimes the evidence does not support,” Bologna said. “In my opinion, Judge McDermott looked at this case objectively and made the right decision.”