(NECN: Alysha Palumbo - Boston) - The parents of 14-year-old Nicholas Fomby-Davis, who was gunned down on his scooter in Dorchester last month, are shocked and upset that one of the suspects in their son's murder beat a gun charge just two months earlier.
Nicholas' father Nate Davis said, "I just know this kid was just up there a few months ago and then they let him go and he killed my son."
"I think he should have gotten into some trouble maybe he wouldn't have did it a second time, maybe it would have scared him," said Latrina Fomby-Davis.
According to court records, 16-year-old Joshua Fernandes was in a car that was pulled over last November on Bowdoin Street.
Police found a loaded gun in the car and arrested Fernandes and the driver.
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But Fernandes - a juvenile - was found not guilty during a March 31st hearing and released.
"If you're letting people out of jail just like this and they're showing themselves and getting around the system just like that, they need to do something about it, something needs to be done," said Nate Davis.
Latrina Fomby-Davis said, "I think it's a little lenient because if they sort of scared these kids maybe they wouldn't keep doing the things that they're doing maybe my son would be alive if he had probation or something."
But those involved with the gun case say it's not that simple.
A spokesperson for the Suffolk County District Attorney's office said neither the car that was pulled over nor the fingerprints on the gun belonged to Fernandes.
Juvenile Court First Justice Paul Lewis says while he cannot comment specifically on the case, he says in these types of cases there has to be proof beyond a reasonable doubt that the defendant was in possession of the gun.
If the defendant is not in possession, he's not guilty.
Court records show the gun was in a driver side vent; Fernandes was in the passenger seat.
Latrina Fomby-Davis says while it's disappointing that Fernandes wasn't punished in the gun case, she doesn't believe he would have learned from it anyway.
She said, "I really don't because if you got arrested in November to me that would have scared you straight and not want to get into anymore trouble but obviously it didn't because you picked up a gun, pulled the trigger and actually killed somebody."
The parents of 14-year-old Nicholas Fomby-Davis, who was gunned down on his scooter in Dorchester last month, are shocked and upset that one of the suspects in their son's murder beat a gun charge just two months earlier.
Nicholas' father Nate Davis said, "I just know this kid was just up there a few months ago and then they let him go and he killed my son."
"I think he should have gotten into some trouble maybe he wouldn't have did it a second time, maybe it would have scared him," said Latrina Fomby-Davis.
According to court records, 16-year-old Joshua Fernandes was in a car that was pulled over last November on Bowdoin Street.
Police found a loaded gun in the car and arrested Fernandes and the driver.
But Fernandes - a juvenile - was found not guilty during a March 31st hearing and released.
"If you're letting people out of jail just like this and they're showing themselves and getting around the system just like that, they need to do something about it, something needs to be done," said Nate Davis.
Latrina Fomby-Davis said, "I think it's a little lenient because if they sort of scared these kids maybe they wouldn't keep doing the things that they're doing maybe my son would be alive if he had probation or something."
But those involved with the gun case say it's not that simple.
A spokesperson for the Suffolk County District Attorney's office said neither the car that was pulled over nor the fingerprints on the gun belonged to Fernandes.
Juvenile Court First Justice Paul Lewis says while he cannot comment specifically on the case, he says in these types of cases there has to be proof beyond a reasonable doubt that the defendant was in possession of the gun.
If the defendant is not in possession, he's not guilty.
Court records show the gun was in a driver side vent; Fernandes was in the passenger seat.
Latrina Fomby-Davis says while it's disappointing that Fernandes wasn't punished in the gun case, she doesn't believe he would have learned from it anyway.
She said, "I really don't because if you got arrested in November to me that would have scared you straight and not want to get into anymore trouble but obviously it didn't because you picked up a gun, pulled the trigger and actually killed somebody."
