The next hearing is scheduled for August 11.
SAN ANTONIO — The teen accused of killing his 8-year-old brother, in what’s being characterized by family as an accidental shooting, made his initial appearance before a juvenile judge Monday morning.
The 13-year-old has been charged by police with manslaughter, with the judge telling the teen he should have known that handling a gun irresponsibly was not acceptable.
The father of the boys was overcome with emotion during the proceeding, sobbing over the loss of his younger son, while pleading for the release of the teen.
The shooting happened Friday afternoon in the 3500 block of Bob Billa Street in south east San Antonio.
The boy who was shot was rushed to the hospital, but he died there a little more than one hour after the shooting.
To protect the identity of the juvenile who is accused, KENS 5 is now withholding the name of the deceased.
During the court proceeding, a juvenile probation officer told Judge William Cruz Shaw the 13-year-old has never been in trouble before.
The prosecutor said the state believes the teen was not being adequately supervised and should remain in detention for now.
In their preliminary report, San Antonio Police said four juveniles were initially detained at the family home, adding that the youngsters were home alone at the time.
The medical examiner has ruled that the boy died from a gunshot wound to the head and neck, but there has not been a ruling on the manner of death. The choices in this case could be accidental or homicide. Homicide is a broad term that refers to one person killing another and it does not specify intent.
The teen’s defense attorney, Libby Wiedermann, said “I would ask the court to consider releasing him on monitor until an investigation is completed and we know what is going to happen and whether this case will go forward.”
Shaking and sobbing, the father told the judge “I will never get my son back!”
The judge acknowledged the tragic circumstance while inside the courtroom.
“He should have had no access to weapons. He should not have had his hands on a gun at all,” Shaw said.
When the teen told the judge it was an accident, Shaw replied “That gun should have been locked up, and this is what happens when they are not.”
The teen was ordered to remain in detention. Juveniles are not eligible for bond so he will return for his next detention hearing on August 11.