A Floyd County Grand Jury on Friday, May 4, chose not to indict a man accused of stabbing a teenager to death, but did indict two teenagers who were in the car with the teen who was killed on two felony and four misdemeanor charges.

Police said Tymurius Elkins, 16, of Rome, was stabbed to death by Ricky Ricardo Cruz, 20, of 136 Williamson St., during a fight in the parking lot of Bruster’s Ice Cream on Shorter Avenue on Feb. 20.

While the grand jury chose not to indict Cruz, it did indict William West, 17, of 204 E. Valley Road, who police said was driving the car, and Jonathan Tyler Carson, 17, of 108 Northwood Drive.

They face charges of felony involuntary manslaughter and felony false statements and are also charged with simple battery, battery, affray and false report of a crime, which are misdemeanors.

Involuntary manslaughter is the unintentional death of another. Felony involuntary manslaughter can result in a prison sentence of one to 10 years. 

Grand Jury proceedings are not open to the public, according to District Attorney Leigh Patterson, and “the oath of a grand juror requires that ‘you shall keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law in this state.’”

West was also stabbed and recovered from his injuries. He has been out of jail on bond since his arrest on Feb. 24. Carson has remained in jail and has a hold from juvenile court, according to jail records.

Preliminary reports from the Rome Police Department indicate the teens in the car saw Cruz walking down the road and thought he had made an obscene gesture.

The teens turned into the parking lot of Bruster’s Ice Cream on Shorter Avenue, where a fight began between the three teens and Cruz.

Police say Cruz stabbed Elkins and West.

West was charged with filing a false report because he fabricated a story about the events leading to the fight that led to the death of the teenager, police said.

Click here to see a previous report about the incident.