May 11, 2010 4:03 AM by Bea Karnes, News First 5
A Colorado Springs middle school boy accused of killing his 9 year-old brother and injuring his mother will be tried as a juvenile.
The District Attorney's Office wanted to prosecute Daniel Gudino,14, as an adult. However, Judge David Shakes ruled Monday afternoon that Gudino will remain in juvenile court.
A psychiatrist testified at a hearing last week that Gudino was sleepwalking at the time of the attacks and wasn't aware what he was doing.
The shootings happened last May at the family's home on Chapel Hills Drive. Gudino has been in jail since the shooting death of his brother, Ulysses.
If he had been convicted in adult court, Gudino would have been the youngest inmate in more than a century in Colorado.