SAVANNAH, Ga. () – The final two suspects in the Oglethorpe Mall shooting were back in court Wednesday, 20-year-old Aujawan Hymon and 16-year-old Dahmil Johnson.

Johnson, the youngest of the six men allegedly involved in the shootout, showed his face to the public for the first time as a suspect, appearing on camera in court at the behest of his lawyer Jonah Pine who said he preferred his client’s face be shown.

The theme of Wednesday’s hearing was the same as the last week’s involving the four other suspects: probable cause.

Johnson and Hymon’s attorneys argued there is not enough evidence to link the shootout to the death of Tina Smith who died from heart complications fleeing from the gunfire according to a medical examiner’s report.

“We heard that people trampled over her, that three or four people trampled over her,” said Pine of witness testimony, “She crawled into a bush; she was foaming at the mouth somewhere between six to 30 hours later because we don’t have all the information before us.”

Based on this, motions were made to dismiss the felony murder charges for both suspects.

“We can’t even speak today in layman’s terms about how this particular named victim passed away,” said Hymon’s attorney Kaitlyn Walker. “What is this cardiac event? The court sits here today and does not know the answer to that question.”

Both defense teams called the charges an “overreach” by The State.

“Not a single one of these six children is guilty of murder, and the fact is The State has done a massive overreach,” said Pine.
The motions were struck down by Judge Crystal Harmon.

Judge Harmon denied the same motions the previous week from the defense teams of Franklin James, Johnathan Jones, Royce Haynes and Theron Robbins, for the same reason: she found the evidence presented shows probable cause for the charges alleged.

“What the defense would like the court to do is find that it is not foreseeable that when two groups exchange in a shootout in broad daylight in the Oglethorpe Mall in Savannah, Georgia where multiple people are there, that it would not be foreseeable that someone would suffer a cardiac incident from the stress of that event,” said Chatham County Assistant District Attorney Lyle Burnham.

The defense also raised questions about what led to the gunfire, citing Royce Haynes may be seen on video trying to snatch a gold chain from Theron Robbins.

“Are there any witnesses who have suggested this was an attempted robbery?” Pine asked witness and lead investigator Detective Jessica Kurwel with the Savannah Police Department.

Detective Kurwel responded, “No I have not spoken to anyone who has alleged this event was the result of a robbery.”

Kurwel testified surveillance video showed Royce Haynes grabbed Robbins by the neckline of his hoodie before Robbins and Johnson first opened fire on the Hymon and other suspects.

The detective also testified Hymon had a weapon but was unable to shoot because he was shot and injured.

Hymon and Johnson are facing charges of felony murder, aggravated assault and possession of a firearm during commission of a felony.

Hymon is also facing an illegal weapons charge and Johnson and underage pistol possession charge.

The State is aiming to indict the six suspects by Oct 1.