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KENOSHA, Wis. - A 13-year-old Kenosha boy accused of causing a shooting scare at an elementary school is ruled competent for his case to move forward.
The teenage boy appeared in the court of Kenosha County Judge Jodi Meier on Friday, Nov. 22. The boy was with his attorney, Terry Rose.
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An evaluation found the boy competent for the juvenile petition to continue.
"We’re entering a denial to the petition, and also I now – based on the statute – he is not guilty by reason of mental disease or defect, and would ask the court to appoint a doctor for that examination," Rose said.
The 13-year-old was arrested at his home in early November – after an hours-long search in the community. The boy had been seen on surveillance video, entered Roosevelt Elementary dress in black, carrying a backpack and a bag. He was stopped by school staff – and questions. The boy then walked out of the school and off school property.
Police did not fire firearms at his house. But they did find Airsoft replica firearms – toys. Officers arrested the boy on a charge of terroristic threats.
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"His mother never was served with papers and statutes do require it. She was neither served nor mailed a copy," Attorney Rose said.
On that basis, the boy's attorney asked the court to dismiss the petition. Judge Meier, who did not allow the media to show her, denied the defense's motion to dismiss.
The 13-year-old remains in custody. He is due back in court in December for a hearing on his plea of not guilty by reason of mental disease or defect.