Ind. boy, 12, told police he didn't mean to kill

A 12-year-old boy charged with murder didn't know the gun was loaded when he pulled the trigger and shot his younger brother in the head, he told investigators in videotaped questioning played Tuesday in court.

In two other videotapes, the boy, who was 11 at the time of the shooting, said 6-year-old Andrew Frye shot himself June 30 at their home near Martinsville. He changed his story when questioned a third time after an autopsy showed no powder burns and that Andrew's arms were too short to shoot himself in the head.

Lawyers began presenting evidence before a Morgan County judge who will determine whether the boy is guilty of murder and reckless homicide charges in the June 30 shooting. The boy, who has a different last name than his brother, is being tried as a juvenile but still could face several years in detention if he's convicted.

In the third videotaped interview, he said he loaded the rifle the day of the shooting but ejected bullets from its magazine, not realizing one round was still chambered. He then confronted the younger boy over a chore.

"I said, 'Clean up your room.' He said, 'No,'" the boy said. He said he then pointed the gun and shot Andrew.

Their former stepfather testified he trained the older boy how to handle guns safely, but not specifically on the bolt-action rifle used in the shooting.

Morgan County prosecutor Steve Sonnega said the older boy's actions with the gun were at least reckless.

"He had a functional understanding that it wasn't a toy. It was a deadly weapon," Sonnega said after the hearing ended for the day.