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

The murder and conspiracy charges against one of the 14-year-olds accused of fatally striking a 73-year-old man with a traffic cone nearly two years ago — in a case that drew national attention and outrage — have been dismissed.

Common Pleas Court Judge Barbara McDermott dismissed all charges against Richard Jones, now 16, last month after his lawyer successfully argued that there was not enough evidence to prove that Jones’ actions contributed to the death of James Lambert Jr. in June 2022.

The District Attorney’s Office said it intends to appeal the decision.

Lambert was leaving a North Philadelphia park just after 2 a.m. one summer morning when prosecutors said a group of kids surrounded him. The juveniles started taunting him, prosecutors said, and then Jones picked up an orange traffic cone and threw it at Lambert.

Lambert was struck and fell to the ground. Prosecutors said surveillance video showed 14-year-old Gamara Mosley then picked up the cone and hit Lambert again.

Other children in the group appeared shocked and confused. As Lambert stood up to walk away, prosecutors said, Mosley retrieved the cone again, ran after him, and struck him twice more.

The children fled. Police and bystanders found Lambert lying on the ground, bleeding. He had suffered a serious head injury, police said, and died in the hospital the following day.

The crime drew widespread media attention, locally and nationally, with many questioning why children were out alone after 2 a.m. — and how they could so callously attack an elder. Jones and Mosley were each charged as adults with murder and conspiracy.

As the case wound its way through the system, juvenile justice advocates came to Jones’ and Mosley’s aid, twice bailing them out of jail and later finding lawyers to advocate for them in court.

The case evolved last month when Jones’ lawyer, Jason Bologna, successfully argued that there was not enough evidence to prove Jones’ blow to Lambert killed him, and that there was no conspiracy among the children that night.

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.”