Ind. boy acquitted of murdering 6-year-old brother

By the Associated Press | September 9, 2011 | 2:50 PM EDT

MARTINSVILLE, Ind. (AP) — A judge has acquitted a 12-year-old Indiana boy of murdering his 6-year-old brother but has convicted him on a lesser juvenile charge of reckless homicide.

Morgan Superior Court Judge Christopher Burnham ruled Friday that the evidence did not show that the older boy had intended to kill his younger brother when he pointed a gun at him and pulled the trigger June 30 at their Martinsville home.

The boy initially told police his brother had killed himself. But after police challenged his story he admitted he shot his brother but said he didn't think the gun was loaded.

The boy was 11 years old at the time of the killing and was deemed too immature to stand trial on adult charges.