The station says New Mexico law doesn't allow prosecutors to try children under the age of 14 as adults, no matter the charges involved.
State Police Lt. Emmanuel Gutierrez Thursday confirmed three charges have been filed against the boy, who authorities say brought a shotgun to school in a duffel bag and fire three rounds in the gymnasium Tuesday morning as students were gathered, waiting for classes to begin.
An 11-year-old boy was critically injured after being hit in the face and neck. A 13-year-old girl was hit in the shoulder and her condition was upgraded from serious to stable. A school employee suffered minor injuries.
The 12-year-old accused in the shooting was transferred to an Albuquerque psychiatric hospital following a hearing Tuesday.
The suspect's family issued a statement Wednesday expressing their remorse.
"We are horribly sad over this tragedy on so many levels," the family stated. "We are praying that God will be with everyone who has been affected.