UPDATE – The boy has been charged as a juvenile in the shooting death of his father, a regional director for the National Socialist Movement. Hall was shot about 4 a.m. May 1 on the living room couch. Detectives believe the shooting was an “intentional act.”
McCary, 26, has been charged with five counts of child endangerment and four counts of criminal storage of a fire arm.
“The gun didn’t have a trigger lock and was not in a lock box as required by law. It was fully loaded,” Rodriguez said. “The children knew where it was, and the children could easily access this gun.’’
Rodriguez said state laws protecting juveniles bar him from discussing details of the shooting until after Wednesday’s hearing.
Two of Hall’s children were from a previous marriage, including his 10-year-old son. According to court records, the boy had a history of aggression and violence after his parents went through a bitter divorce, with both Hall and his ex-wife, Leticia Neal of Spokane, Wash., accusing each other of abusing and neglecting the children.
Hall was granted full custody of the children. Last year, Neal filed for custody of the 10-year-old boy and his 9-year-old sister, saying she was concerned about the children’s well-being because of the father’s affiliation with the neo-Nazi group. Hall opposed the motion, saying Neal had had no contact with the children for six years.
The 10-year-old boy faces very little time behind bars, according to officials in southern California.
“Because of his age, he cannot be tried as an adult,” John Hall, a spokesman for the Riverside County District Attorney’s Office, told The Huffington Post. “Everything will be occurring in juvenile court.”
If the child is ultimately convicted of his father’s murder, he will be kept in juvenile custody until he is 18 years old. He will then be released or transferred to another facility until he is 25 years old, Hall said.
“Twenty-five would be the max,” added Hall, meaning the boy cannot be held past his 25th birthday.