(MARTINSVILLE) - A Morgan County charged in the shooting death of his 6-year-old brother, will hear his fate today.
The 12-year-old boy is charged with murder and reckless homicide. His attorney John Boren has asked the judge to consider a lesser charge of pointing a firearm which Morgan County Prosecutor Steve Sonnega says isn't likely to happen.
The judge will announce his decision at 2:30 p.m. this afternoon.
The boy said in two other videotapes that his little brother shot himself at their home near Martinsville. But an autopsy found that the younger boy's arms were too short to have shot himself.
The boy remained almost stoically silent during his two-day trial. He never took the stand, but videos and a 911 tape of the boy were played in court.
Sonnega calls the boy an angry, trained shooter who shot his brother six-year-old Andrew Frye in the head and tried to cover it up.
But Boren says the boy made a tragic mistake and should not be treated like a hardened criminal.
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