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11-year-old won't be tried as adult for brother's murder

Andrew Frye, 6, was fatally shot in Martinsville, Ind., allegedly by his 11-year-old brother WISH

(CBS/AP) MARTINSVILLE, Ind. - An 11-year-old Indiana boy accused of fatally shooting his 6-year-old brother won't be tried as an adult.

Morgan County Prosecutor Steve Sonnega said Monday the boy's age, maturity and cognitive development influenced his decision. The Indianapolis Star reports Sonnega also says it would be hard to prove that the boy is beyond rehabilitation in the juvenile system.

Indiana law allows children as young as 10 to be tried as an adult for murder. The boy is charged as a juvenile with murder and reckless homicide in his brother's June 30 death.

The 6-year-old died after being shot in the head with a .22-caliber gun at his family's home near Martinsville, about 20 miles south of Indianapolis.

More on Crimesider

July 8, 2011 - 11-year-old Ind. boy accused of murdering brother Andrew Frye pays last respects

July 6, 2011- 11-yr-old Ind. boy accused of murdering brother, could be tried in adult court

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