Judge tried to release teen suspect in Falls Church ATM murder

A Fairfax County judge tried to release a teen murder suspect accused of killing an elderly man during a botched robbery at a Falls Church ATM, according to law enforcement sources and the family of the victim.

FAIRFAX - A Fairfax County judge tried to release a teen murder suspect accused of killing an elderly man during a botched robbery at a Falls Church ATM, according to law enforcement sources and the family of the victim.

One year ago this Thursday, Nelson Alexander Sr., 73, was murdered in an early morning shooting at a Wells Fargo on Annandale Rd. in Falls Church, a crime caught on the ATM surveillance camera.

Alexander’s family members in court Wednesday were stunned when a judge moved to release the 17-year-old police say pulled the trigger.

Kendra Johnson, the victim’s great niece, said she thought the hearing would result in the juvenile suspect being tried as an adult, something police said they expected to happen when the teen was arrested in April.

But instead, Johnson said the defense attorney for the suspect raised objections to the ATM surveillance video. She said it wasn’t an issue with the authenticity of the video, but with verifying the time it was recorded.

"You could clearly see there was an actual crime taking place, but it felt like it was being overlooked," Johnson said. "I just wasn’t understanding why there was an issue."

Johnson, as well as courthouse sources, said Judge Melinda VanLowe agreed with the defense about the video and ultimately decided there wasn’t enough evidence to move forward with the case, despite objections by the prosecution.

"Pretty shocking. Appalling actually," said Johnson. "And I just didn’t know what the outcome was going to be. And then of course to hear that he was going to be released to the custody of a parent was even more shocking."

Sources tell FOX 5 that the suspect, who’s from D.C., wasn’t released because he’s facing unrelated charges in another county.

Johnson says prosecutors explained to her that there is another path to prosecuting the suspect where the commonwealth attorney’s office seeks to indict the suspect in the next grand jury. The case would then go to circuit court instead of juvenile, out of VanLowe’s courtroom.

Johnson said her family is still hopeful for justice.

"It’s just unfortunate of course that at the one-year mark that we’re still at this point where we have not gotten that," she said. "But I do see it coming in the future."

The family continues to try to do right by Alexander. This Sunday they’re planning a 4 p.m. fundraiser at Galloway United Methodist Church with his favorite gospel bands and the men’s choir he sang in. The event will raise money for Fairfax County Police Victim’s Services and the Fairfax County Fire Dept.

"We just wanted to celebrate his life and be able to give back to the community as well," said Johnson.

A spokesperson for the Fairfax Commonwealth Attorney’s Office said the office could not provide an official statement on a juvenile case.

The judge’s decision would not impact the second suspect charged in the case, Timothy Kashaun Bradshow Robinson, 19. Police said he was the getaway driver after the murder.