One of the teens accused of KOP Mall attack having case moved to juvenile court

Jim Melwert
November 11, 2019 - 3:34 pm
Nyshay Hanton and Ellijah Simmons

Jim Melwert/KYW Newsradio

Categories: 

NORRISTOWN, Pa. (KYW Newsradio) — The case against one of the teens accused of attacking a woman in the King of Prussia Mall parking lot and stealing her car is being moved to juvenile court.

Nyshay Hanton and co-defendant Ellijah Simmons, both 17 years old, were both charged as adults, accused of attacking a woman in a parking garage at the King of Prussia Mall, stealing her car, leading police on a chase down the Schuylkill Expressway, then crashing into a SEPTA bus at 37th and Spring Garden streets.

But Hanton’s case is being moved back to juvenile court as her lawyer, Abby Leeds, argues that for Hanton to be charged directly as an adult, there needs to be deadly weapon. And while the woman they’re accused of attacking says Simmons threatened to shoot her, she never saw a gun, and a gun was never recovered.

“There was never a gun recovered, either at the scene, there was no gun discarded from the window during the police chase and when the juveniles did crash into the SEPTA bus down in the city, there was never a gun recovered there at the scene," she added. 

Related:

That gun is key to "direct file" a juvenile as an adult. Leeds also says according to the accuser’s statement to police and during the hearing for a 14-year-old whose case has been adjudicated in juvenile court, Hanton was not involved in the physical attack.

Police say the teens asked to use the woman’s phone, then Simmons grabbed her in choke hold and she passed out. She says when she woke up, they were taking her car and Simmons told her not to move or he’d shoot her, motioning toward his waistband. She needed several stitches to a wound in the back of her head. 

For now, Simmons is still charged as an adult, and prosecutors could file to move Hanton’s case back to adult court.