Milwaukee 10-year-old accused of killing mom, attorneys push $100 bail

The Milwaukee 10-year-old boy accused of shooting and killing his mother over a virtual reality headset appeared in court Wednesday, Dec. 14 for a second initial appearance, charged as an adult. His attorneys asked the court to lower his bail.

The public defender argued cash bail is used to ensure a defendant will return to court. She said there's no reason to think this boy, who the judge ordered us not to name or show, wouldn't return for court in the future, but prosecutors and the judge disagreed.

Before a children's court judge Wednesday yet charged as an adult, the boy stands accused of murder.

"The nature, number and gravity of the alleged offenses are significant," said Judge Jane Carroll. "This is an extremely aggravated offense."

An amended criminal complaint filed Dec. 8 charges the boy with first-degree reckless homicide, or, in the alternative, first-degree intentional homicide. Prosecutors say they'll pursue one or the other.

"We believe that both of the facts support either Count 1, or, in the alternative, Count 2," said Paul Dedinsky, Milwaukee County assistant district attorney.

Fatal shooting at home near 87th and Hemlock, Milwaukee

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

Prosecutors said the boy shot and killed his mother at their home near 87th and Hemlock Nov. 21. He was initially placed with family after the incident, but they called police the next day with concerns and said he has rage issues. 

Police said the boy later told them his mom wouldn't let him have a virtual reality headset and that he retrieved the gun because he was mad at her, and he ordered the headset the day after his mom's death.

Judge Carroll found probable cause in the complaint and set the boy's bail at $50,000 despite a request from his attorneys to set it at $100 due to lack of income. 

"He told us about piggy banks with savings that he had from gifts, from birthday gifts, and scavenging through cushions through the couch that he's been able to save up," said Angela Cunningham, public defender.

"The facts of this case warrant significant cash bail," said Judge Carroll.

It was noted in court none of his relatives say they would serve as his legal guardian if he was released.

The boy's older sister told police he has a "history of rage," but on Wednesday, his attorneys said they don't plan to order a competency evaluation at this time.

If he was released, the defense asked that the boy be allowed to live with his father in Illinois.

The judge denied that request. He would have to remain in Milwaukee County.