Boy, 10, denies charge

Questions were raised Friday about whether a 10-year-old boy responsible for the June shooting of a Columbia Falls girl was old enough to face charges.

"One of the questions I do have is if he is competent, given his age," defense attorney Sean D. Hinchey told Judge Stewart E. Stadler during the boy's appearance Friday in District Court.

The boy, Devon Noah Brown of Marion, denied the charge against him - one count of criminal endangerment.

"He's now charged with a felony, and that means he intended to cause her serious injury or death, which I don't think the state can prove given the facts," Hinchey said. "But a more threshold question is whether a 9- or 10-year-old can or should be charged with a crime in our justice system."

Although Brown's age precludes his being charged as an adult, there is no law in Montana establishing a minimum age at which a child may be prosecuted. The charges against Brown were filed in Flathead County Youth Court under statutes governing juvenile offenses.

"I don't know yet whether a 9-year-old's brain is competent enough to understand what he's been charged with or understands what we call the criminality of his conduct," said Hinchey, adding that Brown will be examined by an expert to determine the level of his development.

Outside the courtroom, prosecutors defended their decision to charge Brown.

"I think a 10-year-old, be it skipping school or stealing money or doing something harmful to a playmate, needs to be held accountable," Flathead County Attorney Ed Corrigan said.

"They don't understand it in the same way or to the same degree as an adult would," Corrigan said. "That's why this case is in Youth Court."

According to court records, Brown has admitted to the shooting, but told investigators it was an accident.

Prosecutors allege that Brown was firing a .22-caliber rifle outside a Marion home on June 8 when a bullet hit Kayla Oswald, now 8, in the stomach.

Brown and his older brother were playing with a bolt-action Savage Mark II .22-caliber rifle when the shooting occurred. Adults were not present.

Brown, then 9, initially told investigators he was shooting at a tree and Oswald had been hit by a ricochet. He later said the gun was pointed in Oswald's direction but it went off accidentally.

Brown allegedly turned around and looked in Oswald's direction, with his finger on the trigger, when the rifle went off. Brown told investigators he was turning to go put the rifle away.

Oswald reportedly was picking flowers, less than 30 feet from Brown, when she was hit. The bullet went through her left arm and into her stomach.

Oswald first was taken to Kalispell Regional Medical Center, where she underwent emergency surgery to repair a ruptured blood vessel after losing massive amounts of blood. She was later flown to Harborview Medical Center in Seattle, where doctors repaired damage to her pancreas, stomach, and intestines.

She returned to Columbia Falls after spending 26 days in the hospital. On Tuesday, doctors removed a stent from her pancreas and on Wednesday, Kayla started third grade.

"She's doing well. She's in good spirits," said Kayla's mother, Terry Oswald.

If convicted, Brown could be placed under Youth Court supervision until he turns 18 or, if deemed appropriate by Youth Court officials, until he turns 25. During that time, Youth Court officials have several options, including probation or placement in a youth home.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com