Family of victim: 10-year-old accused of Sacramento murder released from custody, no charges filed
SACRAMENTO — The 10-year-old accused of killing 10-year-old Keith Frierson, known by loved ones as KJ, has been released from custody with no charges filed. That's according to the victim's family who got the news from both the Sacramento District Attorney's Office and the Youth Detention Center.
Sergeant Amar Gandhi with the Sacramento County Sheriff's Office confirmed with CBS13 that they heard the 10-year-old boy was being released. Since he is a minor, the district attorney's office could give little details about the case.
"How is he going to know that is not OK? That's not how you handle something when you're mad or you don't get your way," said Brittani Frierson, KJ's mother. "How is he going to handle that that was wrong?"
These are the questions the grieving mother wants answered.
"I am very angry that they did this so quickly," said Brittani. "It feels like they didn't even talk about it."
KJ's family told CBS13 that the Youth Detention Center confirmed with them Thursday that the district attorney did not file any charges and the child was released.
"Ten-year-olds are typically not of enough intelligence, of the right mind, or sound mind to understand murder, to understand the killing of another human being for purpose," said Sacramento Attorney Justin Ward.
Local attorneys we speak with who have dealt with juvenile criminal cases said the reason charges were not filed is because any crime requires intent and kids under 14 cannot inform intent.
The district attorney's office said the sole criminal liability and responsibility for the child's death lies exclusively with Arkete Davis, the dad of the 10-year-old accused of pulling the trigger.
How much of a fall Davis will be taking for the murder is still left to be seen.
"All of these offenses he's been arrested for are considered nonviolent," Sgt. Gandhi said. "This is going to be the whole tragedy of this thing. A 10-year-old boy lost his life completely unnecessarily and, really, no one will pay for it."
KJ's family feels like California's justice system has failed them.
"Something has to change. We can't make this our new norm," Brittani said. "A 10-year-old can kill another 10-year-old and go home as if he was just put on a timeout like maybe he didn't clean his room."
Brittani and her loved ones are trying to stay strong for the little boy whose big dreams were cut short.
"He wanted to be a police officer or an influencer," she said. "He was a kid, just so innocent. He was still a kid."
Davis is back in court on Friday at 8:30 a.m. for a bail motion.
KJ's family hopes additional charges will be added and that lawmakers will see what happened to KJ and make a change so no other families go through what they are.
"We try and protect them from everything in the world, not thinking that I can't send my child outside with another child he called a friend," said Brittani. "It's not OK."
KJ attended Strauch Elementary School in the Twin Rivers Unified School District. The district released a statement Thursday evening saying they were "heartsick by this senseless and tragic loss."
"Losing a child is an unspeakable tragedy and our entire Twin Rivers school community is mourning alongside Keith's family and friends. As devastating as this is, we are comforted in knowing that we are part of an incredible community that will pull together to support the family and each other through this difficult time."
Twin Rivers Unified said counselors and chaplains would be available on-site Monday for any support needed as the school returns from winter break.