Boy In Killing Sent To Relatives He Used Dad’s Hunting Rifle To Shoot Sister, 5; Prosecution Calls It Intentional
A judge ordered on Thursday that a 10-year-old boy accused of intentionally shooting his 5-yearold sister be removed from his parents to stay with his aunt and uncle while he is prosecuted.
Clackamas County Circuit Judge John Lowe made his ruling after a two-day juvenile status hearing. He rejected a prosecution request that Brandon Roses be sent to a hospital or youth facility for at least a month for psychiatric evaluation.
Lowe ruled that sending him to such a facility without his consent and forcing him to undergo evaluation could jeopardize his rights as a defendant.
While staying with his aunt and uncle, Becky and Jim Stone of Gresham, he will technically remain in state custody. He will undergo outpatient psychiatric evaluation.
The judge ordered that there be no firearms in the house and that the boy be under 24-hour adult supervision. He will continue to undergo counseling.
Lowe asked the boy if he understood the ruling, and Brandon answered, “Yeah,” and broke into tears.
“Brandon’s tears are because he’s going to be taken away from his family,” said his grandmother, Carma Roses of Eugene.
The boy’s mother, Laurel Roses, also cried as the judge concluded his statements, but she said her tears were of relief.
“I feel comfortable with this, at least I know who he will be with,” she said.
Asked if the judge’s ruling was a victory, defense attorney Michael Clancy said, “This case is a tragedy for everybody involved.”
Prosecutor Terry Gustafson left without commenting.
The boy’s aunt said she was determined to make the best out of a bad situation.
“It’s important for us to make him feel as comfortable as possible,” Becky Stone said. “It obviously isn’t an ideal situation.”
According to testimony at the hearing, the boy loaded his father’s hunting rifle with bullets from a brother’s footlocker and shot his 5-year-old sister, Charolette, “in a fit of anger,” after she annoyed him and then refused to leave the room.
Prosecutors in Clackamas County say the June 23 killing was intentional. They have filed the juvenile equivalent of murder charges after nearly two months of investigation.
“This is a troubled family. This is an angry family. They have a killer in their midst,” assistant district attorney Terry Gustafson said.
The boy’s father, David Roses, testified Thursday that his children are familiar with guns and have used them under his supervision.
He described the day his son called him to say he had shot his sister.
“He called me at work about 3 p.m. and said Charolette was bleeding,” the father said. “Then he said he had shot her. I told him to call 911.”
Brandon’s mother, Laurel Roses, said she is sure that her son didn’t mean to kill his little sister.
“He feels like people don’t think he’s sorry,” she said outside the courtroom.
On Wednesday, she said a child so young is not capable of comprehending taking someone’s life on purpose. He is the second-youngest child to be accused of willful murder in Oregon.
Statistics from the Oregon Law Enforcement Data System show that a 6-year-old Union County boy shot his infant brother in 1991 in what investigators determined was an act of rage and jealousy. That boy received treatment and was never charged in the crime.