Younger brother now charged in older brother’s shooting

Posted at 1:15 PM, Oct 21, 2013
and last updated 2013-10-21 18:32:50-04

AMELIA COUNTY, Va. (WTVR) - The younger brother of an 11-year-old boy was served a summons charging him with reckless handling of a firearm, according to the Amelia County Sheriff's Office. The 10-year-old child was arraigned Monday in Amelia Juvenile and Domestic Relations Court.

Ameila Commonwealth's Attorney Lee Harrison told CBS 6 he couldn't go into detail about evidence that lead to the 10-year-old child being charged because of his age.

CBS 6 Legal Analyst, Todd Stone said there's no age cut off in Virginia for when someone can be charged, but told CBS 6 a 10-year-old facing these kinds of charges is rare.

Stone said because of the boy's age, there may be challenges for prosecutors proving that the child is competent to understand the court proceedings.

Joanna and Patrick Callaway (PHOTO: Amelia County Sheriff's Office)

Joanna and Patrick Callaway (PHOTO: Amelia County Sheriff's Office)

The children's parents, Patrick and Joanna Callaway, also appeared before a judge Monday.

Last week the couple was served with Felony warrants for Child Endangerment.

The couple's children were home alone the morning of Oct. 9 when the 11-year-old was accidentally shot in the face, investigators said.

The child, at last report, was in stable condition at the hospital.

As late as last Friday, investigators said it appeared the 11-year-old child had accidentally shot himself.

Both the 10-year-old and parents are set for trial in January 2014.