An 11-year-old boy has been charged with negligent homicide following the shooting death of his 9-year-old brother in a Baton Rouge home on Saturday afternoon. Authorities believe the shooting was unintentional. Legal analyst Franz Borghardt says the complexities of the case raise more questions on if the charge will stick.
“It’s complicated in so much as in his age, how he got the gun, how the gun was loaded. The circumstances and facts surrounding it are going to shape whether or not it is a strong or weak case,” said Borghardt.
Borghardt says the child will be tried in the juvenile system and he could be released to his parents without making a bond or he could receive a juvenile life sentence, meaning he would be detained up until he turns 18.
“It is still a serious felony, but the big difference is, if he’s convicted in the juvenile system, he’s not a convicted felon when he becomes an adult,” said Borghardt.
The investigation continues into the shooting and the parents are not facing charges. Borghardt says without facts and data in place, it is a difficult call on how to charge the parents.
“I think it is the DA’s position at present that there is not enough facts to support charging them, which leads me to believe that maybe the firearm wasn’t obtained from the parents directly or indirectly,” said Borghardt.
