Martinsville boy acquitted of murdering 6-year-old brother - 13 WTHR Indianapolis

MARTINSVILLE - A Morgan County judge has issued his ruling in the case of a now 12-year-old boy accused of killing his younger brother. He was on trial in Martinsville for shooting and killing six-year-old Andrew Frye in June.

Judge Christopher Burnham ruled the 12-year-old, who left court in handcuffs and shackles, is not a murderer. Instead, the boy, who shot his younger brother in their Martinsville home, was found guilty of a lesser juvenile charge of reckless homicide.

"I certainly didn't want to see a murder verdict come back against my young client," said the boy's attorney, John Boren.

"It's really good to know that the judge did consider that this might have been an accident and that he's not going to be facing a bigger sentence. That's wonderful. I wish he was coming home though," said the boy's aunt, Karri Vandagrifft.

After a two-day trial that included 20 witnesses and 70 pieces of evidence, Judge Burnham determined evidence did not show the older boy intended to kill Frye when he pointed the gun and pulled the trigger.

Prosecutors called the ruling just and say the boy simply needs help.

"This child definitely needs some long-term help," said Morgan County Chief Deputy Prosecutor Bob Cline. "No matter what the conviction is for, he needs to be rehabilitated. You can't lock a person up at 11 or 12 for the rest of their life so you need to address the problem."

The older brother could face a variety of penalties, including detention until he's 18. He will now undergo a psychological and behavioral evaluation at a facility in Logansport before sentencing. Judge Burnham said he will determine what is appropriate based on that evaluation.

It's all aimed at rehabilitation for the 12-year-old, something his family, who's already lost one child, is praying for.

"He's going to have to live with this every single day about what did happen that day, so getting him help and getting him on the road to recovery as a strong citizen is wonderful," Vandagrifft said.

The boy's mother, Amanda Vandagrifft, and her boyfriend, Matthew Boulden, each still face felony neglect charges for leaving the gun where the children had access to it. They were not home at the time of the shooting.