Mother upset teen accused of carrying gun near school won't be released

Prosecutors say teen spotted wearing ski mask, carrying rifle

JACKSONVILLE, Fla. – The attorney representing a 17-year-old accused of walking with a gun while wearing a black ski mask near a Jacksonville middle school last month argued unsuccessfully Monday to have him released.

Traytavious Martin is charged with carrying a firearm on school property and possession of a firearm by a minor.

Martin's arraignment was postponed to next Monday, and his defense attorney argued that Martin should be released from custody in the meantime, citing his lack of criminal history.

But the judge decided Martin must stay in jail for now because of the “concerning” nature of the actions Martin is accused of.

Martin's attorney questions whether Martin was truly within 1,000 feet of a school, but prosecutors said Martin was caught on surveillance video and seen by witnesses.

The incident prompted lockdowns at several local schools.

Martin's godfather, who is an officer with the Department of Juvenile Justice, was in court Monday morning, along with Martin's mother and father.

Martin's mother was visibly  emotional when the judge declined to release her son.

She left the courtroom in tears.

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