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Boy, 11, Charged With Murder In Shooting Death Of Brother, 6Martinsville, IN — An 11-year-old boy has been charged with murder in the shooting death of his 6-year-old brother, Andrew Frye. It is believed that he is the youngest person to face a murder charge in the state of Indiana for nearly 90 years.

According to authorities, the two were home alone Thursday evening when the older boy called 911 to report the shooting. When police arrived on scene, Andrew was found in a bedroom with a gunshot wound to the head. He was taken to a local hospital, where he died a short time later.

Initially thought to be nothing more than a tragic accident, further investigation revealed the shooting wasn’t purely accidental.

“Upon further reflection and detective work, forensic work, we sometimes end up with evidence different than we expect and that’s our job as investigators, professionals, is to keep an open mind,” Morgan County Prosecutor Steve Sonnega said. “Murder can be knowingly or intentionally. There is a slight difference. Knowingly means when you engage in conduct you know there is a high probability of the outcome.”

Police said the boys lived with their mother and her boyfriend, who arrived at the hospital before the boy died. Where they were at the time of the shooting, though, is still unknown. (Just to be clear, a county ordinance allows children over the age of 10 to babysit).

The 11-year-old faces an additional charged of criminal recklessness. He will be charged as a juvenile and is being held at a juvenile detention center. A preliminary hearing has been scheduled for July 6. Prosecutors and police are investigating possible neglect charges against the adults.

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  • Anonymous

    Very sad.  Wish I had more details…but they cannot release them.

  • Anonymous

    Poor parents lost two children…very sad!

  • http://twitter.com/AngelsMom0806 Angels Mom

    I was thinking the same thing. Two children lost, I can’t imagine the pain.

  • http://pulse.yahoo.com/_4A3X22MM7BACABR2CSA6LBPM5Q Leslie

    I would never allow an eleven year old to babysit.  They are just kids themselves and are capable of making rationale decisions in stressful situations.  Adults get frustrated at their own children imagine an eleven year old being frustrated.  I bet they will change the age of how young someone can be to babysit.

  • Anonymous

    …Well this is grotesque.  Who the fuck left the gun around so that this kid could get his hands on it?  Usually in cases like that in other states they also charge the parents.  What’s going on here?

  • http://www.facebook.com/profile.php?id=105102733 Erik Brown

    So… 90 years ago someone younger than 11 was charged with murder?

  • Anonymous

    That’s incredibly sad and awful.  I’m interested to discover where the fuck the parents were, and why the children had access to a weapon (either that was already loaded or which the kid loaded himself)…just terrible.

  • http://www.facebook.com/edward.hickey Edward Hickey

    guns should always be locked up in a case and unloaded but any time a bill like that comes up in congress NRA push their yes men to veto it. “I need my guns to keep my house safe so what if a few dozen kids shoot themselves and siblings each year as long as no one steal my flat-screen.”  So worried about being robbed well usually they rob u when your not home so now they have your shiny gun collection  

  • http://www.dreamindemon.com Morbid

    Actually, someone younger than 11 was charged with murder over 200 years ago. Back in 1748, 10-year-old William York was sentenced to hang for murdering 5-year-old Susan Matthew but was later pardoned because of his age.

  • Anonymous

    Sad. Very sad.

  • guillotinegirl

    You never want to murder your siblings because, by doing so, you are depriving yourself of someone to torment throughout childhood.

  • Anonymous

    I don’t let my 13 year old babysit. People will ask hubby and I out for an evening and I pull out the standard “no babysitter” excuse and they look at me cross-eyed and ask where my daughter will be.
    First of all, while I am an avid proponant of allowing kids to be kids and unsupervised play, I’m close enough for them to get to if anything happens and if they need me. I can’t see myself in a movie or at dinner while they are home alone. My 8 year old is jack-ass style crazy. Already had 2 sets of stitches and a 2nd degree burn.
    Second of all, it’s not my daughter’s responsibility to raise my kids. It’s my responsibility to do that. Hers is to be a teenager.
    Not to say that I will never have her babysit. But it will be in the future and it will be a rare occasion.
    Also, hubby is a good ol southern boy and hunting is in his blood. We have guns. Shotguns, rifles and a pistol. The shotguns and rifles are in the top of our closet with trigger locks, the pistol is in a lock box that has a key pad to enter a code, also in the top of the closet.

  • Anonymous

    If there ever comes a time when i need my gun it will do me no good if it is unloaded. If you teach your kids gun safety and keep it out of easy reach for them you shouldn’t have a problem, unless of course you’re an incompetent parent and have no control over your kids. I wonder how many of the kids that shoot themselves or others have had any kind of gun safety training, my guess is not too many. My gun isn’t to prevent me from being robbed, it’s to protect me from an intruder while i’m home. 

  • Anonymous

    If there ever comes a time when i need my gun it will do me no good if it is unloaded. If you teach your kids gun safety and keep it out of easy reach for them you shouldn’t have a problem, unless of course you’re an incompetent parent and have no control over your kids. I wonder how many of the kids that shoot themselves or others have had any kind of gun safety training, my guess is not too many. My gun isn’t to prevent me from being robbed, it’s to protect me from an intruder while i’m home. 

  • Anonymous

    If there ever comes a time when i need my gun it will do me no good if it is unloaded. If you teach your kids gun safety and keep it out of easy reach for them you shouldn’t have a problem, unless of course you’re an incompetent parent and have no control over your kids. I wonder how many of the kids that shoot themselves or others have had any kind of gun safety training, my guess is not too many. My gun isn’t to prevent me from being robbed, it’s to protect me from an intruder while i’m home. 

  • wyrosjr

    Ed, you have no business telling others what they should do with their guns. Mind your own house and let them mind theirs.

  • Tara Reader

    this cases bother me. I remember being 11 like it was yesterday. I knew right from wrong. I knew the finality and consequence of death. this little bastard should be charged as an adult.

  • Tara Reader

    ddd

  • wyrosjr

    Some parents don’t discuss it. I could see an 11 year old not really understanding it, especially if they have overprotective parents.

  • Anonymous

    Are you saying that in the future you plan to leave your minor children home alone with access to firearms? Or that the firearms will stay locked up when you’re not actively supervising the kids? I really can’t tell from your comment. 

  • Anonymous

    “Second of all, it’s not my daughter’s responsibility to raise my kids. It’s my responsibility to do that. Hers is to be a teenager.”

    This is a great philosophy. I like it a lot.

  • Anonymous

    I think some eleven year olds would be fine watching a slightly younger child, provided the eleven year old was fairly mature, and the younger kid wasn’t a complete spaz. 

    Of course, if your eleven year old shoots and kills your six year old, that may be a sign he wasn’t an appropriate choice for a babysitter…

  • Anonymous

    I think where the big problem lies is in the difference between “legal” and “advisable”. I believe it should be legal for people to own guns, but I think for many people, it’s inadvisable. Among other things, they’re just not a good defensive weapon. The only way I would be able to defend myself with one in my home would be if I kept it loaded and easily accesible, which would also leave it accesible to the various kids who come traipsing through my house. But if it’s properly locked up then I can’t get to it quickly enough. 

    The only way to make it an effective defensive weapon would be to open carry at all times, which is very inconvenient, and a disproportionate reaction to a fairly minor threat. Among other things, where I live, the police could be here within two minutes (a benefit to living in a ‘rough’ town), and my neighbors would be here in less time than that. 

    It’s different where you live, because you presumably don’t have help close by. But in a densely populated area, gun ownership leads to more bad than good (in large part because most people are irresponsible morons). 

  • http://www.facebook.com/people/Marion-Adel-Hickey/100000249758931 Marion Adel Hickey

    I do enjoy my nanny state it called Canada. We have guns with nice easy to follow restrictions but our news is not full of endless gun murders sure a few of largest cities have some, but I don’t personally anyone whose been murdered, shot, mugged or even carjacked, this nanny state sure makes us feel good & safe up here.  

  • http://www.facebook.com/edward.hickey Edward Hickey

    http://www.rawstory.com/news/2006/More_kids_killed_by_guns_in_0613.html
    – In 2003, 56 preschoolers were killed by firearms, compared to 52 law enforcement officers killed in the line of duty.

    – More 10- to 19-year-olds die from gunshot wounds than from any other cause except motor vehicle accidents.

    – Almost 90 percent of the children and teens killed by firearms in 2003 were boys.

    – Boys ages 15 to 19 are nearly nine times as likely as girls of the same age to be killed by a firearm.

    – In 2003, there were more than nine times as many suicides by guns
    among white children and teens as among black children and teens.

    – The firearm death rate for black males ages 15 to 19 is more than four times that of white males the same age.

    In all, 2,827 kids and teens were killed in the United States during the
    2003 calendar year  that marked the US invasion of Iraq. At last count, the
    Department of Defense reports 2,497 US soldiers killed in Iraq.

  • http://www.facebook.com/edward.hickey Edward Hickey

    http://life.familyeducation.com/school-safety-month/violence/29712.html

    -Every day, about 75 American children are shot. Most recover — 15 do not.

    -The majority of fatal accidents involving a firearm occur in the home.-Gunshot wounds are the single most common cause of death
    for women in the home, -accounting for nearly half of all homicides and
    42 percent of suicides.-An adolescent is twice as likely to commit suicide if a gun is kept in the home.-More teenage boys in America die from gunfire than from car
    accidents.-Gunshot wounds are now the leading cause of death for teenage boys in America (white, African-American, urban, and suburban).

  • Anonymous

    Guns are not going away anytime soon.  There will always be those that have no respect for the power of a gun and these people are called criminals.  The owner of the gun in this story should be charged with murder; when you’re talking guns there are no accidents, it’s called negligence.  Ultimately a person’s brain (or lack of) is the actual weapon.

  • Anonymous

    Do you have any data that lists how many burglaries, rapes, and murders were prevented from the competent wielding of a firearm?  I didn’t think so. 

    Just curious, how many people get killed by cars every year?

  • http://infowars.com Domino

    NONSENSE! the cerebral cortex spleen brain californium biotic has not fully developed yet and this child should be set free. HE’S INNOCENT HE COULD NOT HELP HIMSELF!!

  • Anonymous

    I live in a country where we don’t own firearms like they do in the USA. I don’t know anyone outside of the cop behind me who owns a handgun or has ever owned one, but out in rural areas people hunt with guns. Our burglary, rape and murder rates are lower than those in the USA.

  • pikeman

    I see Edward Hickey is on your friends list and you both live in Canada. Are you related?

    Here in Montana we have very liberal gun rules. Montana doesn’t even recognize registering your handgun with the Feds and refuses to go along with it.

  • pikeman

    Set free? Well, I don’t think he should be charged with 1st degree murder, but I don’t necessarily think he should just be set free. Of course, the article isn’t going into much detail about why they think it was deliberate, either.

    I realize he’s only eleven, but I’m sure he could help himself. I blame the parents more for leaving a loaded gun laying around that he could get to, though.

    Leave it to fucking Indiana to charge a kid with 1st degree murder. Aren’t you from there?

  • pikeman

    Where were the parents? Why did they leave a loaded handgun laying around that their kids could get to? Why are they not in trouble?

  • AliceinChainsman =]

    now how many are gonna kill themselves with fireworks and get on DD?

  • AliceinChainsman =]

    more than 12 in the past two weeks on DD

  • AliceinChainsman =]

    we have more people than you do, therefore that arguement holds no Bushes baked beans

  • AliceinChainsman =]

    same with where i am moving

  • AliceinChainsman =]

    Agreed, but the sad thing here is the parents didnt keep the gun out of this 11yr old reach, and he killed his little brother, i cannot imagine the horror his mom must feel

  • AliceinChainsman =]

    lol jack-ass crazy..

  • AliceinChainsman =]

    i think she needs to tell the nosey friends her daughter is taking pole-dancing classes*sarcasm* and cant babysit without a 12 gauge

  • Alicia

    My dad didn’t allow me to stay home alone until I was 14 and I didn’t babysit my little sisters until I was 16; even then it was never for more than a few hours and my dad and his girlfriend were never more than a 15-20 minute drive away. I usually only babysat a few times a month, like when my dad was at work and his girlfriend had to run to the store, or if they wanted a Friday night out once in a while. On those occasions they let me have a friend over because they knew they could trust me not to do anything stupid (like throw a party or something) and I never once broke that trust. I’d feel like a real asshole if my dad thought he couldn’t trust me with my sisters.

  • Alicia

    I’m surprised he was pardoned. Not saying people back then didn’t have hearts or anything but it was a much different time and I would’ve thought they’d go through with it, regardless of his age. Sentencing someone that young to death in this day and age? No way, the outcry would be so loud people on the other side of the planet would go deaf, but sentencing someone that young to death back then doesn’t surprise me at all. I’m glad they pardoned him, hopefully he learned from his situation and became a better person.

  • Alicia

    My dad taught me to respect and NEVER EVER touch his guns. He had 2 shot guns and one day when I was about 10 years old he got them out, along with the bullets, and told me to sit down with him while he cleaned them (they weren’t loaded). He had a long talk with me about what a gun is, what it does, the dangers of using them when you don’t know how to, etc. He told me the only person in the house that was ever allowed to touch them was him and that after today I’d never see them again. He told me that playing with guns is not ok and if I ever touched them he’d be extremely pissed. He told me they were for our protection and for when he goes hunting. He also said that when I turned 18 he’d take me to a gun range so I could learn how to use one. I never did, but lately my husband has been wanting to get a small handgun and take me to a range to learn how to use one just in case I ever need to protect myself at home. I’m still thinking about it, it’s a serious decision.

  • Athena

    Yep, the juvenile justice system wasn’t created until a little over 100 years after that case, as science began to illustrate the fundamental differences between the juvenile brain and the adult brain.  

    In this day and age, the Supreme Court has ruled it unconstitutional to sentence a minor to death.  Even life in prison is an unpopular sentence for minors, banned entirely by some states.

  • Anonymous

    Through in the history of childhood and it was only in the first quarter of the 20th century that children became regarded more in the modern sense of what is a child.

  • Anonymous

    Are we here on DD the only people who pay attention to the danger of guns and children?

  • http://www.dreamindemon.com Morbid

    huh?

  • http://www.facebook.com/edward.hickey Edward Hickey

    shes my mom and shes 62 and lived in Kingston, Ontario  a small city with just over 100k population for 40 years and like she said very little crime has ever touched her life thank to gun restrictions we believe.

  • Anonymous

    Children of the working class up until the early nineteen hundreds were treated as small adults who had minimal, if any education and necessarily working as farm hands and in factories wherever possible. When child labor laws were passed and enforced on a national level, adults began to look differently at children in a more idealistic view. Society began to invest more into education and basic standards of decency towards children. As well as labor laws, other laws came in to play to specifically protect children in a variety of circumstances.

  • AliceinChainsman =]

    good idea

  • Anonymous

    I’m sorry, but I really don’t feel this child should be charged with murder, IF anything, manslaughter, but even that’s pushing it. I think the parents should face the heavy charge! They should have taken every precaution possible to avoid the children being able to touch a gun. The gun we have has a key lock on the chamber, if its not unlocked, the safety can’t be off, we also keep it in a steel combination/key vault. The only time its not in there is when we’re asleep in our bedroom, and its still locked in the nightstand, that has a child safety latch on it, we also lock our bedroom door too. What happened is gross negligence (and thats a mild term for lack of better words), like I said, I blame the parents for being so careless and wreckless. That boy will forever be traumatized (assuming it was an accident, and the murder charge was based on the boy simply knowing a gun could kill) that he killed his little brother, something that will always haunt him. This really makes me so sad. RIP Andrew :(

  • Athena

    Geeeeeezzzzz…. Why does there always have to be some fancy pants Canadian who takes this shit personally?!?  We’re not talking about you.  Is there no Canadian understanding that those born with said rights might not be too keen on having them chipped away at?  This doesn’t need to be turned into some pissing contest.  We broke from The Crown.  You guys didn’t feel the need to.  There will be differences.  You enjoy your relative safety.  I’ll enjoy our music, movies and culinary prowess.  ;)

  • http://www.dreamindemon.com Morbid

    huh?

  • Athena

    LMAO.

    John, you’re alright with me, but… Do you remember when I asked you if you were a foreigner? This is one of those occasions that would make me suspect had I not known already. ;)

  • pikeman

    JohnQknowsalotofthingswedontunderstand.

  • pikeman

    JohnQknowsalotofthingswedontunderstand.

  • pikeman

    JohnQknowsalotofthingswedontunderstand.

  • Anonymous

    Sorry. Tried to condense the history of childhood into a few sentences and did a poor job explaining how society’s view of children has changed, and how this related to different and separate laws for children. 

    I will blame it on a sugar high. ;)

  • Anonymous

    When I eat sugar I am a foreigner! ;)

  • Anonymous

    I thought the article said that they were looking into possibly charging them with negligence?

  • Anonymous

    I just threw in the gun stuff because it was part of the article.
    I would answer in more detail but I can’t tell if your being a jackass or not.

  • Anonymous

    That sounds completely reasonable.

  • hookerpie

    Fuck That!!!  Charge that careless mother and her fuktard boyfriend. Kids shouldn’t be watching kids, especially with guns available to them. I hope for the sake of this kid it “was” really an accident. He’s to young to have his life taken away from him cause his mother didn’t care enough to make sure they were safe.

    On another note:  Happy  4th Everyone.  Drink lots of beer, eat lots of food and most impotantly Be Safe!!!!

  • Anonymous

    I’m genuinely curious. I can’t tell which you meant. 

  • Anonymous

    I was babysitting full-time for money by the time I was 15. (They were awful kids, too. Their parents gave me permission to spank them and put hot sauce in their mouths. I didn’t, of course.) My age wasn’t considered odd by anyone involved with the situation, including their grandparents. Most of the girls I knew were making pocket money babysitting by 14 or 15. 

  • Anonymous

    It’s like one of those 3D eye puzzles. There’s supposed to be a coherent image in there somewhere, but I’ll be damned if I can see it, and eventually I’ll just go cross-eyed looking at it. 

  • wyrosjr

    There is almost no gun crime here where I live. It isn’t for lack of guns. I think it is more about who and what kind of people live there. People kill other people, not guns.

  • wyrosjr

    I’ll be the first to admit that Canada is a great place, but not because of your gun laws. I think it is the freezing cold that keeps out the criminal immigrants and transients.

  • wyrosjr

    Gun ownership and training should start at a young age(with supervision). I had a pellet gun at 5 and was shooting rifles and shotguns not long after. Currently I teach gun safety as part of being a state hunter safety instructor. It’s really sad to see us losing our rights every day because we can’t shoulder the responsibility of those rights.

    I’m not sure what you think would be a more effective home defensive weapon? I keep a shotgun next to my bed just like the last 4 generations of my family has. It doesn’t take more than a few seconds to load and chamber.

  • wyrosjr

    This is congruent with what I have read also. He is just saying that children were treated as miniature adults 100 years ago. They were dressed the same way, went to work the same way. There was a totally different attitude and philosophy towards children back then.

  • AliceinChainsman =]

    hmm that wpuld only be gun crime eh?

  • Anonymous

    I didn’t actually mean anything. However, when the time comes that I leave my kids home alone, I dont see hubby and I loading the guns up in the grocery getter to take them with us. I also don’t see us UNlocking the safety mechanisms or opening the lock box right before we leave.

    I sort of thought that was what I stated:That our guns are always locked up. But I do tend to ramble so I can see where you may have been confused, along with the fact that the issue had nothing to do with the post I replied to.
    Thing is, Deety, I dont want to get into a pissing match with anyone, and I have a feeling we aren’t going to agree on this subject. Can we just call it a draw?

  • http://infowars.com Domino

    uh huh.

  • Anonymous

    I agree gun safety training should start at a young age (second grade public school). Still, being able to stand at one end of a shooting range and hit a target at the other end is a far cry from being able to make good split-second life-or-death decisions. And being able to recite the rules of gun safety is (sadly, tragically) a far cry from actually following those rules, 100% of the time, without fail. 

    It would be great if our citizenry could shoulder the responsibility of forming a trained and armed militia. It would also be great if we could get people to vote or care about the political process (not just the show). But unfortunately we can’t, and encouraging people to exercise their ‘right’ to bear arms isn’t going to make them take up the responsibilities that come with it, it’s just going to give young yahoos an excuse to play with guns to feel badass, in the name of ‘safety’. As if our community would be safer if more twenty-something men walked around armed to the teeth. 

    I’m sure you can think of several other forms of home defense besides a shotgun if you try (not saying you should give yours up, but backups and redundancies are good, too). I don’t neglect security, to be sure. But weighing the risks (a kid getting a hold of it, it getting stolen, me accidently shooting an innocent person) against the potential benefits (the dubious pleasure of killing an intruder, or, more likely, someone who cuts me off in traffic), owning a gun here is just not necessary for most people. 

  • Anonymous

    Yes, but guns help people accidentally kill people much more effectively than pointed sticks or even riding mowers. They should get an honorable mention for that. 

  • Zibarro aka Kryssa

    Can’t be *that* overprotective if they left a loaded gun within reach of their children and then left the 11 year old in charge of his 6 year old sibling.  

    11 year old boys (hell any age boys) do not have the ability to channel anger or control their tempers yet.  The 6 year old could have broken something of “value” to the 11 year old, sending him into a rage – that culminated with shooting his brother.  An act that within minutes (if not seconds) would have been regrettable – but would not have been reversible. 

    I’m curious to know what the “dynamic” was between these boys before this event.  Did they get along swimmingly – or was there animosity/jealousy and hostility between them?  

    Ultimately, if the gun belonged to the parents or they had knowledge of its existence – they are culpable here as well.  More so if the boys weren’t “besties”.  This boy will need a lot of help in the future and I hope he gets it.  I would hate to see this define the rest of his life in a negative way.  I truly don’t know what kind of punishment the parents should get.  They’ve lost one child forever – and could lose the second one to juvie/state custody or even suicide someday.  Is there any punishment worse that that?

    Ugh.  Too, too sad.

  • wyrosjr

    I think we are dealing with two different types of populations. These kids in the country can easily handle training with guns without resorting to “playing with guns to feel badass”. I guess when you can go shoot whenever you want, it isn’t such a huge thing.

    There are always different ways to defend yourself but you always choose the most potent option. To choose less would be opening yourself to vulnerability. As in the saying, “don’t bring a knife to a gun fight”. In a good home, with proper training, guns aren’t this big problem.

  • Anonymous

    I have to agree with you.When I was a child, I had no restrictions was left alone at 7 with my twin brother.Although I do not agree with my parents version of raising children(neglect). My young friend at the age of 8 had too many restrictions.Cleaning the whole house washing dinner dishes and watching her younger brother constantly,There was no time for play.That was reserved for school recess.I always felt sorry for my friend not really having a childhood.I feel babysitting younger siblings should be limited and depends on the maturity and personality of the babysitter and the type of children they are watching. just my opinion

  • http://www.dreamindemon.com/forums/ Dakota Valkyrie

    A judge on Friday acquitted a 12-year-old Indiana boy of
    murdering his 6-year-old brother, but he convicted him of a lesser
    juvenile charge of reckless homicide.

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

    The older brother, who has a different last name than Andrew’s, was 11
    years old at the time of the shooting and was charged as a juvenile
    because he was deemed too immature to be tried as an adult.

    A sentencing date for the reckless homicide conviction had not been set
    Friday. Until he is sentenced, the boy will be held in a juvenile
    detention facility and must undergo a psychiatric and behavioral
    evaluation so that probation officials can determine what punishment he
    should face.

    Burnham can choose from a wide range of penalties geared for rehabilitation,
    including probation, special programs and juvenile detention. The boy
    could face detention until age 18 and remain on probation until he is
    21.
    [...]

    The boys’ mother is charged with neglect for leaving the gun where the children had access to it.

    http://www.pressdemocrat.com/article/20110909/APA/1109090866