(MARTINSVILLE, IN) - A judge has decided to allow an 11-year-old Martinsville boy who faces murder charges in the shooting of his brother to attend his funeral this morning.
The 11-year-old is the youngest person to face murder charges in Indiana in about 90 years.
He's accused of fatally shooting his 6-year-old stepbrother Andrew Frye in the head.
Police say the 11-year-old called 911.
The boy's Attorney John Boren says the boy is a child who needs to attend his brother's funeral.
Boren also says questions remain about whether to 11-year-old actually meant to kill his brother.
Morgan County Prosecutor Steven Sonnega says there are indications the shooting was not an accident.
Sonnega says in Indiana, murder cases involving children ages 10 and older can be waived to adult court.
Sonnega says it's merely his job to gather evidence in the case and let the court decide how to try it.
Sonnega also says they're looking into whether or not the boy's parents could face charges.
The next court date in the case is set for July 26th.
That's a fact finding hearing which judge Burnham says may be continued depending on whether the attorneys need more time.
The fact finding hearing will be followed by a waiver hearing, date yet to be determined.
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