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Judge Releases Toy Gun Toting Child From Juvie Lockup

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MIAMI (CBSMiami) -- A juvenile court judge ruled that the 11-year-old boy arrested after a fight involving a toy gun, be allowed to leave juvie lockup and instead await trial at home with his parents.

He was ordered to stay away from the young man he's accused of attacking.

The boy's mother and father appeared in court for a hearing Thursday morning and were granted permission to later pick up their son and take him home. The young man was appointed a public defender.

The 11-year-old is accused of threatening and pistol-whipping a fellow student with the toy pellet gun, Tuesday afternoon, a few blocks away from the school they both attend, Edison Park K-8 Center in Little Haiti.

The boy told police he was afraid for his life and thought the plastic pellet gun was real.

In court, lawyers argued over whether the toy gun could be considered a deadly weapon, which would impact his charges.

The 11-year-old's charge of aggravated battery and aggravated assault stands. The judge said the nature of the weapon will be determined by a jury. His trial is set for mid-December.

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