Wilkes Freshmen Make 
For Exciting Victory

Accident Brings Citations

By LEANORA MINAI; Times Leader Staff Writer
 Monday, November 29, 1993 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A QUICK WORDS: 12-YEAR-OLD CHARGED
WITH BROTHER'S DEATH 





SCRANTON -- The brother of a 6-year-old boy who was shot to death Saturday
night was charged with involuntary manslaughter and recklessly endangering the
welfare of another person Sunday. &nbsp;&nbsp;&nbsp; 
 The 12-year-old brother of Brandon Smith was aiming a .35-caliber Marlin
hunting rifle at him and loading and unloading the gun when he fired a single
shot into Brandon's chest, according to Lackawanna County District Attorney
Michael Barrasse. &nbsp;&nbsp;&nbsp; "If you do something in such a reckless and negligent manner, then you have
to be held criminally responsible for it," Barrasse said. "If someone's acts
are so negligent that someone dies, the law still holds them responsible." &nbsp;&nbsp;&nbsp; 
 Brandon died in the kitchen of his South Webster Avenue home after being
shot at close range, police said. The boys' mother was home at the time,
police said. &nbsp;&nbsp;&nbsp; 
 While Barrasse declined to confirm that the juvenile charged is Brandon's
brother, Scranton police confirmed the relation. &nbsp;&nbsp;&nbsp; 
 At first, police believed the shooting was an accident, Barrasse said, but
based on interviews and evidence collected at the scene, the manner of death
was determined to be a criminal offense. &nbsp;&nbsp;&nbsp; 
 The 12-year-old, who is being held in the Lackawanna County Juvenile
Detention Center, will be tried as a juvenile. A hearing before a judge will
be scheduled today. &nbsp;&nbsp;&nbsp; 
 The boy could face time in a detention center, Barrasse said. However, any
sentence will be tailored for rehabilitation and counseling, not punishment,
Barrasse said. &nbsp;&nbsp;&nbsp; 
 "He didn't mean to kill," Barrasse said. "It was not an intentional
killing.'

12-year-old Charged With Brother's Death