The teen accused of fatally shooting 22-month-old Aiden McClendon in an apparent gang-related incident now faces a new charge from behind bars that may be connected to gang activity as well.
WOKV first told you last March about the arrest of Henry Hayes IV, who was 16 at the time. Hayes and another suspected shooter, who has still not been publicly named or arrested, are believed to have been responsible for the shooting on Spearing Street, which happened in January 2016.
The Jacksonville Sheriff's Office said Aiden’s 19-year-old cousin, who’s a member of the Out East gang, was the intended target in the shooting. Hayes is a member of Problem Child Entertainment, and police say there was some kind of ongoing dispute between members of the two organizations.
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An arrest report obtained by WOKV shows Hayes and two other inmates of the Duval County Jail have now been arrested for battery on an inmate in an incident that could again tie back to gang activity.
The arrest report said one of the inmates, who is considered a victim of this battery, told police that the three suspects -- now-18-year-old Hayes, 19-year-old Javon Franklin, and 20-year-old Wagner Fabio -- are gang members who were trying to recruit him. The inmate said the problem started when he turned them away, although there may also be a connection to an incident at the jail a few days prior.
Cameras inside of the jail show Hayes and the victim started fighting, and Hayes took him to the ground in one of the cells before the other two joined in, according to the arrest report. That lasted about a minute, before police say Hayes and Franklin were seen hitting the suspect as he tried to crawl away. The argument continued, even after they had separated.
The arrest report says a few minutes later, the victim tried tackling Hayes, but missed. A second inmate victim and Franklin then start fighting, with that victim saying Franklin spit on him, so he spit back, and Franklin then attacked.
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The first inmate victim suffered a bloody gash above his left eye, a swollen right eye and bloody lips, according to the arrest report. The second inmate victim had a small lump on his forehead.
When investigators spoke with Hayes about the incident, he initially said he didn’t argue with anyone and asked if he was getting another charge. The arrest report says the arresting officer explained what the videos showed and said there would be another charge, and at that point Hayes said he wanted to “call his people.”
Franklin and Fabio similarly denied any involvement.
All three have been charged with battery on an inmate. Hayes’ arraignment on this charge has been set for Aug. 16. He has a pretrial hearing Aug. 9 for the murder and related charges from Aiden's death.