A judge outlined guidelines for the potential release of a 13-year-old accused in the fatal shooting of his 8-year-old brother.
SAN ANTONIO — The family of an 8-year-old boy who was shot to death in July came to the Juvenile Justice Center on Monday afternoon to plead with a judge to release the 13-year-old charged in connection with the tragedy.
Witnesses told police on July 25 that the two brothers were home alone on Bob Billa Street when the older boy mishandled a gun and shot the younger boy in the head.
Daniel Casares was rushed to the hospital, but records indicate he died shortly after he arrived.
His teenage brother was taken into custody on a manslaughter charge and has remained there ever since, missing his brother’s memorial service last week.
On Monday, the teen’s attorney, Neil Calfas, told Judge William Cruz Shaw that the teen, who has never been in trouble before, deserves a chance to be released to grieve with his family.
Calfas said the teen’s grandmother has shared custody of the boy and she wants to bring him home.
“We understand the severity of this. We understand the severity of guns being in houses with children and young people having access,” Calfas said. “I firmly believe this was an accident.”
Calfas told Shaw that, in addition to a perfect attendance record at school, “this young man has been in school, has never before been arrested. He doesn’t have a record of any disciplinary problems at school and his last year’s grades are very, very good.”
Calfas went on to say the teen played football last year and was involved in mariachi performances and extracurricular activities.
“I think he needs the support of his family and his family would like to be with him,” Calfas said, adding they had already been in contact with the Children’s Bereavement Center, which offers counseling to children impacted by trauma or loss and the teen will be free to take advantage of the services once he is released.
Speaking of the trauma, Calfas said the two boys were extremely close. To that, Shaw retorted: “And we should not be here!”
Calfas agreed.
“I’m hopeful that at some point these charges are downgraded or dismissed,” he said.
Speaking through tears, the teen’s father told the judge he just wants his son home.
“I am willing to have my grandson come live with me and do whatever I have to do to get him the help he needs. Any probation, anything. Whatever line he has to walk, his entire family is going to walk with him,” the teen’s grandmother said.
After the teen’s father sobbed while relating the story of the teen missing his brother’s funeral, Shaw told the boy, “I am sorry you missed your brother’s funeral! That was never my intent. You deserved to be there. If I would have known, I would have made special arrangements to see your brother. I want to make sure you know that!”
Shaw continued by saying he would make special arrangements for the teen to be escorted to visit his brother’s gravesite as soon as possible. But he told the teen, “Do you see how one decision shattered a complete family right now?”
Shaw ordered the boy to remain detained for now. But he gave the family guidelines for a possible release, saying that as soon as they met his conditions, he would consider sending the teen home.
Those conditions include: passing a home inspection, agreeing to have no weapons in the home and making advance arrangements for the teen to continue with counseling.
“I want that house searched. I want no guns and no ammo anywhere in that house!” Cruz said emphatically. “He needs to get counseling immediately.”
The teen’s next detention hearing is scheduled for Aug. 25, but Shaw told the family if they meet the conditions sooner, he will schedule another hearing sooner, adding he wants the gang unit to be responsible for a thorough search of the home.
Shaw also issued a no-contact order for anyone who was in the house at the time of the shooting.
“Siblings are OK,” Shaw said. “But whoever else was there playing with that gun, I don’t want them there.”
Comforting each other after the ruling, the family held onto each other for support, promising to get to work to bring the teen home.