Morgan County Superior Judge Christopher Burnham said he will announce the verdict Friday in the case of a Morgan Co. 12-year-old accused of killing his little brother.
The 12-year-old boy faces murder and reckless homicide charges in the death of 6-year-old Andrew Frye.
Prosecutor Steve Sonnega said the boy, 11-years-old at the time, was angry because of a messy bedroom, so he retrieved a loaded rifle from his mother’s room to threaten Andrew.
"When the parents were gone, if you look at that home, it wasn't a kind, loving home,” said Sonnega. “It was a home ruled by force, by violence and intimidation and the sad result of that is Andrew’s dead."
Sonnega argued the boy was aware of firearms safety and was trained in shooting a gun, when he intentionally loaded and aimed the .22-caliber gun at his brother.
Defense Attorney John Boren said his client had received some informal firearms training from his stepfather, but he made a mistake when he thought he was pointing an unloaded gun at his brother.
"You should not go to jail for an accident," said Boren. "That's just the way it is."
Boren asked the judge to find the boy guilty of the lesser offense of pointing a gun.
The boy could be sent to a juvenile facility if he is found guilty. There, he would receive counseling.
Boren said he sensed Judge Burnham was struggling with treatment and incarceration options for such a young offender if he is found guilty.
The judge is expected to make a decision at 2:30 p.m. Friday.
Judge to announce verdict Friday in case of boy accused of killing younger brother
Andrew Frye, 6, was shot in the head, after allegedly getting into disagreement with his older brother over cleaning their room.