Indiana judge to issue verdict on boy shooting brother

MARTINSVILLE, Ind. — A judge will decide whether the shooting of a 6-year-old Martinsville boy by his brother, 11 at the time, was murder or a tragic mistake.

Morgan Superior Court Judge Christopher Burnham will rule Friday whether the boy who is now 12 is guilty of juvenile charges of murder or reckless homicide. Defense attorney John Boren says the judge also might find the youth guilty of the lesser charge of pointing a firearm.

The boy told police he was trying to scare his brother into cleaning their room when he pointed a .22 caliber rifle at him and pulled the trigger, but he says he thought the gun was unloaded.

If the boy is convicted, Prosecutor Steve Sonnega says he could face detention until age 18 and probation until age 21.