March 3, 2009 10:27 PM

Boy, 13, Kills Brother, 10, With Dad's Gun

(CBS/AP)  A 13-year-old South Carolina boy was charged Tuesday with shooting his 10-year-old brother to death after they argued over who got to sit in bed to watch a movie on a snow day, authorities said.

The boys' father, 44-year-old Gary Roberts, was charged with unlawful neglect because he left a loaded rifle leaning against the wall of a bedroom while running errands, Kershaw County Sheriff's Capt. David Thomley said.

"It wasn't in a closet, it didn't have a gun lock on it," Thomley said. "It was just sitting there, loaded."

Gayloyd Roberts, 10, was shot Monday afternoon in the neighborhood of small houses and mobile homes off U.S. 1 in the tiny town of Cassatt, about 35 miles northeast of Columbia.

Gary Roberts and his wife left their four children at home while they went to the county dump and Wal-Mart, Thomley said. School had been canceled due to the threat of winter weather.

Gayloyd and his 13-year-old brother argued over the seating arrangement for watching the movie, but their 15-year-old sister thought she'd broken up the fight and left the room.

The older brother, whose name has not been released because he is a juvenile, grabbed the .22-caliber rifle and fired once, hitting Gayloyd in the face, Thomley said. He died a short time later at a Columbia hospital.

"It was just a regular fight between brothers, but somehow it escalated," Thomley said.

The sister and an 8-year-old boy also in the home were not injured.

The 13-year-old has been charged with murder, but Thomley said investigators will let prosecutors decide whether to ask a judge to charge him as an adult. He is in a juvenile jail in Columbia awaiting a hearing.

Gary Roberts remains at the Kershaw County jail awaiting a bond hearing. Officials didn't know if the father or son had an attorney and a message left at a listing for the home Tuesday afternoon was not returned.

Kershaw County school officials sent counselors to the schools the victim and suspect attended, spokeswoman Mary Anne Byrd said.

Thomley said the father told investigators he had the gun out to shoot at stray dogs who might threaten his family.

"That's no excuse. We have animal control. He could have just called them," Thomley said.

The enormity of what happened has started to sink in for the teen, but not his parents, the sheriff's investigator said. The mother hasn't been charged because Gary Roberts had the gun last.

"The most disturbing thing is I haven't seen any remorse from the father and the mother," Thomley said.

CBS station WLTX in Columbia spoke to Roberts former foster mother, who asked to remain anonymous.

"After having him for so long, we mourned him leaving our house, and that was rough, but this...I...unimaginable," the woman told WLTX. "I took him to his first day of kindergarten, his first tooth he lost with us," she said. "He learned to ride a bike while he was at our house, he learned to swim.
"He did everything with our family," she said. "He was treated just like I'd given birth to him. There was no difference."
Watch a video from CBS station WLTX



© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 85 Comments
by dsr57 March 5, 2009 12:47 AM EST
The problem isn't that a gun was in the house, the problem was that a pair of idiots were allowed to reproduce! . . . . Maybe instead of so much effort in licensing guns, we should license people to be allowed to procreate.
Posted by rf35 at 4:46 AM : Mar 4, 2009


Amen to that post.
Posted by texanforlogi

-----------------------------------------------------------------------------------------------------------------------

Amen to that post???? Why??

Yeah, he's at fault for leaving the gun unsecured but saying they shouldn't be able to reproduce is a littel harsh don't you think?

I'm sure they didn't make the 13 year old kill his brother. Jesus people what is wrong with you, everyone of us have a made a truely messed up mistake in our lives that could have possibly cost someone their life.

Think about the times you've dropped something while driving and either looked down to get it or had your budy "Take the wheel" for a second while you leaned down to get it. You've all probably done it several times. No harm no foul, but the one time you do it and get in a wreck you'll have posts like these calling you a dumbbass and saying that you should have never had a license.

Fact is we all do stupid stuff all the time. So why don't you put a little blame on teh person that decided to shoot his brother over a seating arrngement instead of balming the parents for hawking over the kid every second of every day. That little F uck er was Destined to do something criminal one day , becaus eyou don't just snap and k8ill your brother over a seat on teh couch without have some REAL problems
Reply to this comment
by rsmik March 4, 2009 11:59 PM EST
I couldn't get past this line:
"Gary Roberts and his wife left their four children at home while they went to the county dump and Wal-Mart".
Reply to this comment
by klfullernd March 4, 2009 9:24 PM EST
Anyone who keeps guns in a house with children in it is irresponsible. Gun safety is not even an issue for children. The adults are totally negligent.
Reply to this comment
by tmittelstaed March 4, 2009 6:26 PM EST
"...Don't blame the gun or weapon, a coward blames a tool and not the person. The kid knew what he was doing. I grew up with guns from 8 years old and knew the damage they could do..." -chad5555

At 13 years old, MAYBE, but the 13 year old might be developmentally retarded also. I would also bet money the 13 year old had never been taught gun safety, never been in a gun class. In my house we don't permit plastic gun toys and we also don't even permit the kids to point anything SHAPED like a gun at another person. If my son expressed an interest in guns I'd take him target shooting, but so far he has not.

The account seems to indicate that this was a crime of passion, not premeditated. It's also possible the 13 year old didn't know the gun was loaded and was just menacing, and accidentally pulled the trigger. All of this really needs to be sorted out by a psychological evaluation.
Reply to this comment
by govwatch2 March 4, 2009 5:40 PM EST
Scratch one Dad that was too stupid to buy trigger locks with this guns. Idiot!
Reply to this comment
by indeptex March 4, 2009 5:09 PM EST
Where do I get the forms to apply for a child explotation license?
Posted by mdalerwill

Try CPS, Bejing,China
Reply to this comment
by mdalerwill March 4, 2009 5:04 PM EST
and to own a kid
Posted by pythoncharly at 1:47 PM : Mar 4, 2009

0_o Own a kid?.....Too many child labor laws...What's the point in that?
Posted by mdalerwill at 2:03 PM : Mar 4, 2009

DOH! What was I thinking??? Reality tv show! Own a couple dozen kids, presto, TLC is on the doorstep with piles of cash.

Where do I get the forms to apply for a child explotation license?
Reply to this comment
by mdalerwill March 4, 2009 5:03 PM EST
and to own a kid
Posted by pythoncharly at 1:47 PM : Mar 4, 2009

0_o Own a kid?.....Too many child labor laws...What's the point in that?
Reply to this comment
by indeptex March 4, 2009 4:55 PM EST
Cain and Abel
Posted by otiswestfall

Wally and the Beaver
Reply to this comment
by otiswestfall March 4, 2009 4:54 PM EST
Cain and Abel
Reply to this comment
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