Family remembers teen shot in Yuba City, plead for brother's charge of murder to be reduced
YUBA CITY — Dozens of family members and friends gathered Monday night at a park in Yuba City to remember the life of the 15-year-old boy they affectionately called "Davey." His life was ended following a shooting at his home on May 10.
Yuba City Police say Davey's 16-year-old brother, who family identified to CBS13 as being named Cody, fired the shot that killed his younger brother. (Family asked CBS13 not to release the last names of the two juvenile boys involved.)
Police say the shooting happened around 9:45 p.m. and Cody came to their station to turn himself in to police at 11:20 p.m.
"They were best friends. There was no animosity, no fighting. It was just a bad accident that happened," said Randal Johnston, grandfather of both boys.
Family and friends are choosing to remember the teenage boys as loving, caring brothers who were raised by a mother who adored them. In their grief, they do not want to focus on the tragedy that struck, stealing the life of one brother and forever changing the other's.
"It's really heartbreaking. I love my baby boy that's in heaven, but I love my baby boy that's sitting there having to deal with all this too," said Johnston.
Cody was charged with murder after turning himself into Yuba City police the night of the shooting. Family says the final moments between Cody and Davey are being mischaracterized — and claim the charge of murder has no standing.
"The second-degree murder charge is completely bogus. That couldn't be any further from the truth," said great uncle to both boys, Ian Heard.
Family says those charges should be reduced to manslaughter, or some lesser charge reflecting what they say was the accidental nature of the shooting.
Just one day after this shooting in Yuba City came similar news out of Stockton. A 13-year-old was shot by his 16-year-old brother who was charged with manslaughter, not murder.
What is the difference between those two charges in two eerily similar cases?
"There's varying degrees of murder, but it means you intended to kill the person. Manslaughter is everything else where there's a death," attorney Mark Reichel told CBS13.
Reichel has no connection to either case but weighed in to give context to this story. Reichel says as far as Cody's charge is concerned, once more evidence is presented to the judge, the charge of murder can be reduced if the facts back it up.
"It does happen where they charge really quickly because that's what they think the state of evidence is. And then provided that other additional evidence, say wait a minute, let's adjust this down. That does happen once in a while," said Reichel.
Family of Cody and Davey say they will fight for justice. At this time, family members told CBS13 they don't know how Cody had access to a gun.
"This is our worst fear as adults. To see kids fooling around with firearms when they haven't been properly trained," said Heard.
Their hope is the truth comes out and this family finds peace.
Cody remains in juvenile custody. Family told CBS13 he was denied release at a juvenile detention hearing. They are working with an attorney to get his charges reduced and to allow him to be released while his case is heard in court.
CBS13 reached out to Yuba City police on Monday, asking if evidence collected by investigators thus far supports that this shooting was intentional or accidental. We did not hear back.