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Police say Stockton teen shot and killed brother overnight

13-year-old fatally shot by brother in Stockton
13-year-old fatally shot by brother in Stockton 03:05

STOCKTON -- A 13-year-old boy is dead after he was shot by his 16-year-old brother, Stockton police report. 

"I heard his mom yell, 'My son! My son!'" said a neighbor, who didn't want to be named because of the nature of the crime. He still lives on the block and said the loss of the 13-year-old is a tragedy. 

The neighbor heard the child's mother yelling before 2 a.m., Stockton Police got the call around the same time in the early morning, and were on scene at the family's home on the 800 block of Flint Avenue for hours on Friday. Police tape surrounded most of the block while investigators went in and out of the home. 

When Stockton PD officers got to the house, the 13-year-old Marshall Elementary School student had been shot and was taken to a nearby hospital where he later died. 

24 hours before the shooting, the boy was outside playing at a friends house nearby Flint Ave. A parent of his friend said her son, also in 6th grade at Marshall Elementary, only went to school Friday to be around their mutual friends. She told CBS13 there were "lots of tears" and the basketball team at the school was in "shock." 

"This does not appear to be your typical criminal of gang activity. It appears right now, an unfortunate incident. Which is the result of a loss of life of a young person."  said Stockton City Manager Harry Black. 

A spokesperson for Stockton Unified School District said a crisis team was on campus at Marshall Elementary for students, especially 6th graders, the 13-year-old's peers. A message went out to families at the school, around the corner from where the teen lived: 

Dear Marshall Families, 

It is with a heavy heart that we inform you one of our students has passed away. The Stockton Police Department is investigating an overnight shooting at a Stockton residence involving a 13 year old student. We have Counselors, School Psychologists and Mental Health Clinicians on campus to support students and staff.  We send our condolences to his family, friends and Marshall School Family.  

The boy's 16-year-old brother is accused of firing the fatal shot. He was arrested and booked into the San Joaquin County Juvenile Hall on charges of manslaughter, negligent discharge of a firearm, and other weapons charges.

A neighbor who knows the victim says he was "a great boy." Others who knew him say he was a standout basketball player that, on Thursday, made the game-winning shot, hours before he was killed. 

This is the second incident in three days where a male teenager allegedly shot and killed their younger sibling. On Wednesday night, a 16-year-old teen shot his 15-year-old brother. That teen faces a murder charge. 

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