RACINE — The case against a teenager accused in the shooting death of his younger brother was bound over for trial Wednesday after the judge found probable cause on one count of first-degree reckless homicide.
During a preliminary hearing, the attorney for the 16-year-old boy accused argued that the state had not met its burden of proof and suggested charges be reduced.
The teenager was charged May 21 with first-degree reckless homicide while using a dangerous weapon.
During the hearing, the state called Nicholas Contreras, a detective with the Racine Police Department, to testify.
According to previous Journal Times , Racine Police Department officers responded to a Prospect Street residence regarding a reported shooting at about 10:30 p.m. May 16.
The victim, 11-year-old Jesus Valladares, was taken to a hospital by a family member before officers arrived. He was later pronounced dead.
Contreras testified that Valladares had a gunshot wound to the left side of his stomach.
Contreras said the teenager and other family members told RPD that the gun used was a revolver. However, the weapon was not found when officers searched the residence and the teenager.
According to Contreras, the teenager believed the safety was on while the two were playing with the gun that evening. Contreras testified that he is not aware of any revolver that has a safety switch.
Previous reporting details that the teenager’s sister reportedly told RPD that Valladares and the teenager played with the gun often, but it normally wasn’t loaded.
She said that earlier in the day she put one bullet in the gun with the intention of firing it at a family gathering that morning. She said she did not fire the gun, so it was still loaded that evening.
Defense attorney McKenna Quinter argued during cross examination that the teenager would not have known the gun was loaded that day, given that he and Valladares and regularly played with the weapon.
Quinter said the state had not proved that the teenager was aware his actions created an unreasonable and substantial risk of death or great bodily harm, which is a of proving first-degree reckless homicide, because the teenager’s understanding was that the gun was always unloaded with the safety on.
Further, although family members have said the gun was a revolver, the type of gun is still unknown because it was not recovered, she said.
“I think certainly this could be a negligence case, but it is not a reckless case,†Quinter said.
During a second hearing May 28, a furlough request from the defense to allow the teenager to attend a family funeral was denied. The bond condition preventing him from contacting family members also was lifted.
According to online records, the teenager is scheduled to appear in court June 18.
Originally published on , part of the .
To view our latest eEdition, click the image on the left.
If you have an event you'd like to list in our calendar, submit it now!
Sorry, an error occurred.
Already Subscribed!
Cancel anytime
Thank you .
Your account has been registered, and you are now logged in.
Check your email for details.
Submitting this form below will send a message to your email with a link to change your password.
An email message containing instructions on how to reset your password has been sent to the email address listed on your account.
No promotional rates found.
Secure & Encrypted
Thank you.
Your gift purchase was successful! Your purchase was successful, and you are now logged in.
| Rate: | |
| Begins: | |
| Transaction ID: |
A receipt was sent to your email.
