A family, devastated by the shooting death of their 8-year-old son, now finds their 13-year-old son locked up again.
SAN ANTONIO — It is another blow for a family still reeling from the loss of their eight-year-old son.
Their 13-year-old son, accused of shooting his brother in July, had been released from detention, but now he is back in court with new charges.
After they buried their younger son this summer, grieving family members came to court and promised they would step up and make sure the teen behaved.
But after the teen was recently released from juvenile custody, court officials said he was arrested again.
Police say the teen was caught on the streets after his court appointed curfew and he was with a group of boys Judge Cruz Shaw had ordered him to stay away from.
The teen, who turns 14 a few days from now, told the judge he wants to be home for his birthday, but Judge Cruz Shaw wasn’t having it.
Sniveling a bit, the teen told Shaw “I want to be home for my birthday.”
Shaw’s emphatic response “You could have been home for your birthday! All you had to do was follow the rules!”
Defense attorney Neil Calfas reminded the court that the family has been living a nightmare, trying to recover from their loss.
Calfas said “I’m asking that he be released on a GPS monitor.”
While a probation officer admitted the teen has shown remorse for his actions, the prosecutor said “He violated his release conditions by committing a new offense and comingling with people you specifically told him not to. He is a danger to himself or others.”
Before ordering the teen to remain in detention, the judge admonished him that now is the time to change.
Shaw said “You’re trying to harden up. And you’re not a gangster! At all! But I’m looking at your face and you’re trying to harden up on me. No! Don’t shake your head. I see you!”
Reminding the teen that serious consequences will follow, Shaw said “You gotta learn today or you’re gonna learn tomorrow, but you are going to learn that life is serious and you are here on a serious offense and I gave you that one shot, to show everybody that you can behave. And you blew it!”
The teen is scheduled to return to court Dec. 18 on the new allegations.
His attorney said the teen will answer to the original charge related to his brother’s death in January.
Hear Judge Shaw’s full remarks to the 13-year-old: