Teen released as prosecutors weigh charges in shooting that left boy, 2, critically hurt on Chicago's West Side
CHICAGO (CBS) -- A teen was charged Friday in connection to the shooting of a 2-year-old boy in North Lawndale, but the case took an unusual turn in court.
The Juvenile Court judge in the case ordered the teen be released to the custody of his aunt, after Cook County prosecutors assigned to the case said they are still working with the Chicago Police Department on the investigation, and no charges are being filed against the 17-year-old yet.
Earlier in the day, police had said the boy was charged with one felony count of obstruction of justice/destroying evidence and one misdemeanor count of child endangerment.
"The minor was arrested by police regarding this incident and the case was referred to juvenile court. At this time, the matter is a continuing investigation and no charges have been filed. Today the court released the minor from custody pending the investigation and continued the matter to Jan 17, 2025 for status," a spokesperson for the Cook County State's Attorney's office said in a statement.
It was not immediately clear if police and prosecutors believe the teen is the one who shot the toddler.
The 2-year-old boy was shot multiple times in his lower body inside an apartment on the 3800 block of West 14th Street shortly after 4 p.m. on Thursday. The 2-year-old was taken to Stroger Hospital of Cook County in critical condition.
It was unclear if there is any relationship between the boy and the toddler, and police and prosecutors have not revealed the circumstances surrounding the shooting.
After the shooting, officers used flashlights to search the outside walls of the apartment building. Detectives were also seen combing through a downstairs unit, collecting evidence, and taking a person of interest into custody.
Police also said a weapon was recovered on the scene.
One neighbor told reporters he has been living in the same apartment building for the past year, and over the last few weeks he has noticed quarrels escalating in one of the units. He is now concerned such a young child was injured.
Tensions were high while CBS News Chicago was on the scene after the shooting. Some bystanders were seen quarreling with a person who seemed to be live-streaming the police presence, trying to knock the phone from his hand before police got involved in breaking up the confrontation.
Officers went on to expand their perimeter as they prepared to photograph the scene. Harrison Area detectives were investigating.
At the teen's juvenile detention hearing Friday afternoon, a prosecutor said they are still working with Chicago police on the investigation. The teen's attorney said his client should be released until his next court date. The judge said, since the state hasn't made a decision on whether to pursue charges yet, the teen should be released to the custody of his aunt.
The judge also said, in his words, "God willing the 2-year-old survives," explaining if the child does not live, "that could change the facts of the case," and this could be the reason prosecutors are "holding at this time."
The judge told the teen to be back in court on Jan. 17, advising him to not get into any trouble between now and then. The teen shook his head and acknowledged what the judge said.
A spokesperson for the Cook County State's Attorney's office did not respond to requests for comment on why the charges announced by police on Friday didn't remain in place after the teen's first court appearance.