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A grand jury failed to indict a Queens teenager on murder charges in the subway shooting death of 15-year-old Jayjon Burnett, The Post has learned.

Police arrested Keyondre Russell, 18, on Oct. 15, a day after Burnett was killed on an A train in Far Rockaway as two groups of teens brawled. Prosecutors initially charged him with murder and two counts of criminal possession of a weapon.

But a grand jury Friday only indicted him on the weapons possession charges as well as two counts of tampering with physical evidence and two counts of menacing, according to Queens District Attorney Melinda Katz’s office.


  Keyondre Russell was only indicted for weapons possession charges after allegedly shooting and killing Jayjon Burnett on the subway. Brigitte Stelzer Keyondre Russell was only indicted for weapons possession charges after allegedly shooting and killing Jayjon Burnett on the subway. Brigitte Stelzer

Burnett’s anguished family heard the news Friday night.

“They’re not charging my son’s murderer with murder,” said Jeff Burnett, the teen’s father. “I want justice for my son.”

The family said Russell was also not indicted for the lesser charges of homicide or manslaughter.


  NYPD officers at the scene of the fatal subway shooting in Far Rockaway, Queens. Wayne Carrington NYPD officers at the scene of the fatal subway shooting in Far Rockaway, Queens. Wayne Carrington

“They got him for a gun charge only,” Christine Alvarez, Burnett’s heartbroken mother, said.

Burnett’s parents insisted that police arrested the right person in their son’s murder.

Disturbing video obtained by The Post shows the moments before and after the shooting as the teens fought on the train and then a single shot rang out. It does not clearly show who fired the gun.


  Keyondre Russell’s attorney claims he did not possess a weapon when Jayjon Burnett was shot. Wayne Carrington Keyondre Russell’s attorney claims he did not possess a weapon when Jayjon Burnett was shot. Wayne Carrington

Russell is scheduled to be arraigned Nov. 3 on the latest charges. The weapons charge carries a sentence of up to 15 years in prison.

Peter St. George Davis, Russell’s lawyer, has maintained that the teen did not have a gun and was himself a victim because he was jumped by others and shot in the leg. He speculated that the bullet passed through Russell and then hit Burnett.

“I’m eager to see what the evidence is for what he’s charged with,” Davis said. “He’s 100% innocent of the murder and the grand jury presentation bears that out.”

Russell was being held on Rikers Island Saturday where he had been sent without bail after his Oct. 16 arraignment.

The NYPD has said the investigation into the shooting was “active and ongoing.”

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