Gibson was sentenced to five years probation in July for his involvement in a robbery of a fast-food restaurant last year.
On Aug. 28, he was arrested after returning to the scene of a double homicide at 848 Conners St.
Gibson ran away from the property after a resident at the home shot and killed Gibson’s 17-year-old friends, Javier Harrison and Devin Henderson, who were allegedly trespassing, according to police and family members.
The resident has not been charged. Prosecutors have asked Dayton police for additional information before considering potential charges.
After the judge’s ruling Wednesday, audience members in the courtroom broke out in chants of “no justice, no peace,” and were accompanied out of the courthouse by sheriff’s deputies.
Linda Henderson, Devin Henderson’s mother, attended the hearing and said it’s not fair that Gibson remains locked up while the person who fatally shot her son and his friend in the back was never arrested or jailed.
“I am really heartbroken about this,” she said. “That boy has to do seven more weeks in there before anyone he can say something.”
She added, “He holds the key to what happened that night.
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Gibson was arrested after returning to the scene where Harrison and Henderson were killed after police and emergency medical workers responded on Aug. 28.
A resident at the home told police he shot and killed the boys after encountering multiple people trespassing in his detached garage.
Gibson allegedly violated the terms of his probation by not abstaining from illegal drugs and alcohol; not following a curfew; and being in a place where illegal drugs, stolen property or firearms were present, according to court records.
He was on probation for his role in the November 2018 robbery of Wendy’s at 1507 Wayne Ave. in Dayton, according to Dayton Municipal Court records.
Gibson and two others robbed the Wendy’s, and Gibson pushed a worker into the business and ran to the back, an affidavit states.
Gibson’s attorney said the probation violation is related to his robbery conviction.
Pinard said Gibson could face prison time, but he hopes the court agrees that probation is appropriate.
“I’m trying to make it so he stays on probation,” Pinard said.
Pinard also said he plans to seek a bond reduction to get Gibson released. He said he does not believe Gibson will face any new charges related to the events on Aug. 28.
Gibson broke into tears after learning he was going back to jail and while he was being escorted out of the courtroom.
As this was happening, people in the audience started chanting and shouting out words of encouragement to him.
“We got your back, baby — don’t worry about it,” one woman called out.
Audience members, which included members of the Dayton chapter of the New Black Panther Party and some community activists, also protested outside of the courthouse while carrying signs demanding justice for Harrison and Henderson.
Donald Domineck, chairman of the Dayton New Black Panther Party, said they came to show support for Gibson, Harrison and Henderson.
Domineck said Gibson is being treated unfairly while the killer was allowed to go free.
Domineck said Gibson did not get to attend his friends’ funerals and has had to grieve while behind bars.
“We don’t think this charge is serious enough that they have to hold him in jail, especially in light of the fact that he lost his two best friends,” he said. “You seen him for yourself — he’s a little boy. You could do something as far as supervision from on the outside to let this man out of jail.”