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Lawyer says 11-year-old didn’t know gun was loaded

MARTINSVILLE, Ind. — An 11-year-old Indiana boy charged with killing his 6-year-old brother breathlessly told a police dispatcher that the younger boy had shot himself.

The 911 tape played in court on Tuesday included the boy saying he was in the living room of their home near Martinsville when he heard a loud pop and found his wounded brother in a bedroom.

That account differs from his defense attorney’s opening statement that the boy didn’t realize the gun was loaded when the fatal shot was fired.

County Prosecutor Steve Sonnega says the boy pointed the gun at his brother, trying to scare him into doing cleaning work.

A Morgan County judge will determine whether the boy is guilty of juvenile charges of murder and reckless homicide for the June 30 shooting.