(Memphis) A Memphis prosecutor said a 10-year-old girl dared her 13-year-old brother to shoot her, and he did.
The girl died after being shot in the head April 24.
The teen will be held by Juvenile Court until his case is heard.
He is charged with second degree murder, felony reckless endangerment with a deadly weapon, and tampering or fabricating evidence.
Prosecutors say the boy hid the gun in the backyard so he wouldn't get in trouble, then put a screwdriver in the pool of blood pouring from his 10-year-old sister's head to throw off investigators and emergency responders.
But his lawyers argue he didn't know his rights when he told police what happened, and those statements should be tossed.
Defense Attorney Roger Gowen said, "The kid does not understand what's going to happen. When the kid does not know the consequences or can't really think about the future the way and adult does that makes a difference legally."
The boy was originally held so he could undergo a mental evaluation, but now the court is keeping him locked up. His lawyers say they expected that to happen.
Prosecutors say the boy knows how to use a gun, has a history of using guns, and planned to use it the day he shot his sister.
People who live near the kids say they were home alone and this isn’t the first time the 13-year-old fired a gun from his home.
Memphis Police told us they don’t yet know how the boy got the gun and paramedics didn’t even realize the girl had a gunshot wound until she got to the hospital.