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MILWAUKEE - The 12-year-old accused of shooting and killing his mom over a video game returns to court on Monday, April 29.
Prosecutors say the boy was 10 years old when he shot his mom inside their Milwaukee home.
Now, the Milwaukee boy charged with killing his own mother over a virtual reality headset is preparing to face a judge.
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His attorneys want him out of adult court, and so does his dad.
"I think he should be prosecuted in children’s court," the dad said.
That testimony happened March 12th, shortly before the reverse waiver hearing was put on hold because of a scheduling conflict.
FOX6 isn’t naming the boy because of his age.
"Even with us talking, he has yet to say anything in regards to his mother," the dad said.
Prosecutors say the boy was ten years old when he killed his mom, Quiana Mann, for waking him up early and not buying him a virtual reality headset.
Prosecutors charged the boy with 1st-degree intentional homicide.
Due to the seriousness of the crime, he is automatically charged as an adult.
The reverse waiver hearing allows the boy’s defense team to fight for him to be moved into the juvenile court system.
"To transfer him to children’s court is to acknowledge that he deserves to continue down the path to the intensive treatment and care that Quiana used to get for her son," said Tanner Kilander, the boy's defense attorney.
"He took the gun, he went downstairs. At a distance of three feet or less, he pointed the gun with both hands, adopted a shooting stance and fired that gun," added Kilander.
The boy's defense team says at the time of the shooting, he struggled with mental health issues worsened by a head injury.
They say the juvenile system has more resources for him to receive treatment.
"The reality is our adult court system does not have near enough treatment for anyone. The juvenile court system has a lot more treatment options and that’s what the attorneys are trying to argue," said Jonathon Lavoy, an area attorney not affiliated with the case.
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Prosecutors say if the boy is placed in the juvenile system, he could get out too soon.
"I think it’s an interesting case where we can see the needs of this child compared with the need to protect the community," added Lavoy.
It’s a hearing with a lot on the line, including a 12-year-old's future.
The hearing is scheduled for 1:30 p.m. Monday, April 29.