The public defender representing a 15-year-old indicted Tuesday for attempted murder in the beating of a 66-year-old man in Butchers Hill last week accused the Baltimore State’s Attorney’s Office of overcharging the minor.

“The State’s Attorney has improperly overcharged this case in order to try the child as an adult and went beyond what the police and (Department of Juvenile Services) workers on the ground determined to be appropriate,” Assistant Public Defender Brian Levy said in a statement. “The State’s Attorney has furthermore allowed the facts to be distorted here, and unilaterally decided that a child be prosecuted as an adult, facing life in prison based on actions taken by older people.”

Levy’s comments followed a Wednesday hearing, which was closed to reporters, to determine whether the teen would be released pending trial. It is exceedingly uncommon for someone accused of attempting to kill a person to be released pending trial.

A judge ordered the teen held without bond, according to a spokesperson for the Office of the Public Defender.

It is rare for public defenders to comment on pending cases, and Levy’s remarks add to a case that has become a flashpoint for ongoing debate about what to do with minors accused of committing crimes in Baltimore.

Video of a man being beaten and robbed by a pair of young people Thursday night in Butchers Hill went viral. The footage showed one young person stomp on the man’s head as he lay on the pavement.

Baltimore Police arrested 18-year-old Montaz Bailey and the 15-year-old, accusing them of carrying out a violent robbery. While Bailey remained in custody, the 15-year-old was originally released to his guardians, leading to pointed criticism of the juvenile services agency. The Department of Juvenile Services rolled out changes Tuesday to its detention and electronic monitoring policies for minors accused of crimes.

State’s Attorney Ivan Bates announced Tuesday that his office secured an indictment against the 15-year-old charging the teen with attempted murder and other counts the prosecutor did not disclose publicly.

“In Baltimore City, if you’re going to stomp on individuals’ heads, you can expect to get charged with (attempted) murder,” Bates told reporters Tuesday, adding that his office has done as much in other cases. “We think that type of behavior is heinous, it’s vicious, it’s violent. We will not stand for that. We will hold individuals accountable.”

Bailey was charged with conspiracy to commit murder.

“The law says what one does, they are all responsible,” Bates added.

Levy offered a stern retort to Bates’ comments in his statement Wednesday.

“Let’s be clear,” Levy said, “my 15-year-old client is not alleged to be the individual seen in the video stomping the victim. He is not alleged to be the individual seen in the video hitting the victim. Nor is he alleged to have been the individual in actual possession of a gun.”

Adding that his client had never been convicted of a crime in adult or juvenile court, Levy went on to say the 15-year-old’s case “exemplifies why prosecutors should not have the power to automatically charge children as adults.”

In response to Levy’s statement, Bates said in his own statement that the public defender was employing a “distraction” tactic.

“Once our office became aware of the case, we began our investigation with BPD,” Bates said. “We assembled all of the evidence and presented it to a grand jury; those residents of Baltimore City saw fit to issue an indictment.”

Bates again criticized the Department of Juvenile Services for releasing the 15-year-old after his arrest.

“This case only highlights why there is a need for automatic adult jurisdiction,” Bates said. “DJS’s initial handling of this case merely emphasizes their lack of necessary skills in making informed decisions on the law. Prosecutors should be making the charging decisions; as attorneys, we are best equipped at making informed decisions based upon the facts of a case and the law.”

A resident of South Madeira Street, the victim told police he was hit from behind after being followed by a group of people while walking home from his garage and saw a gun in his face, according to charging documents for Bailey. The victim said he grabbed the barrel of the gun with both of his hands, and a physical altercation ensued during which he was knocked to the ground.

Detectives wrote that the pair continued to assault the man to the point of unconsciousness, noting that the man sustained “several lacerations” and was hospitalized.

Bailey was also indicted Tuesday on 13 charges, including attempted murder, armed robbery, assault, theft and firearms offenses. He is being held without bond. Reached by phone Wednesday, his attorney, Natalie Finegar, declined to comment.

Have a news tip? Contact Alex Mann at amann@baltsun.com and @alex_mann10 on X.