Judge to rule on boy, 12, charged with murder

May 4, 2009 10:10:29 AM PDT
A hearing was scheduled Monday for a 12-year-old charged with capital murder. That boy is accused of killing a 10-month-old baby who was left in his care back in March. [SIGN UP: Get headlines and breaking news sent to you]

Monday's never took place. Instead, lawyers on both side agreed to an off-docket agreement, leaving it to a judge whether or not the boy, who's in custody, can go home. And that could happen as soon as Tuesday, when the judge makes his ruling.

That 12-year-old boy is charged with capital murder in the death of a 10-month-old baby back on March 12. The boy was at the baby's house and was left in charge of several other kids.

According to CPS, two kids in the home claim to have witnessed the 12-year-old boy throw the baby to the ground. That baby died one day later of blunt force trauma.

On Monday, the 12-year-old boy's family, including his mother, grandmother and pastor, were in court Monday, claiming someone else injured the baby and the boy tried to offer help.

"He gave the baby CPR and called his beautiful mother to get there in time to save the baby after someone else had thrown the baby on the floor," said family spokesperson Reverend Johnnie Jeremiah. "When the mother got there, she dialed 911, she gave the baby CPR which we'll be able to prove because it's been taped. So we want to say to the public pray with us, pray for us, for the other family because this child has done nothing."

If judge decides the boy can go home, the lawyers tell us the boy wouldn't go home to his mother. Instead he would go home with his aunt. If the judge decides the boy cannot go home, he'd remain in custody.

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