GREENWOOD, Ind. (WISH) — A 13-year-old boy from Greenwood was charged with the murder of another 13-year-old boy, and the prosecutor is considering moving the criminal count into adult court.

The boy is also charged criminal recklessness in juvenile court.

The shooting happened about 1 a.m. Nov. 10 at a home in the 1100 block of Crescent Drive, near U.S. 31. Police found James Davis shot. He died from his injuries four days later.

News 8 first reported on the murder charge Wednesday morning.

For Johnson County Prosecutor Lance Hamner, the boy is the youngest person he has prosecuted, and a decision has yet to be made about whether this child should be charged as an adult. Hamner was the county prosecutor from 1991-2009, before becoming a county judge from 2009-2022. He was again elected prosecutor in 2022.

“Usually when you have a situation where somebody’s killed somebody you have a really bad actor. Here, we don’t really know why this happened,” Hamner said.

Police have not publicly identified the boy who shot James. In Indiana, criminal cases involving people younger than 18 are not public record unless the youth is charged as an adult.

Police believe the suspect, James and four other juveniles were playing with a gun when the suspect pointed the gun at James and shot him.

Hamner tells News 8, if the suspect is charged as an adult for murder, he could spend 45-65 years in prison. If he’s tried as juvenile, the goal would be to rehabilitate the boy until he is 18 years old at the Indiana Boys’ School detention facility.

“Even though we are looking at the murder statute, and that’s what’s alleged in this case, because it’s juvenile court, it’s a delinquency petition. This child is only 13 years old and as a consequence it’s not automatic adult jurisdiction. It’s possible that we can do ‘adult,’ but there’s a whole list of factors,” Hamner said.

One of those factors includes criminal history.

“It’s disheartening. It’s extremely sad. You think of a 13-year-old, they’re not even an adolescent yet. And again, this is not a bunch of kids that we have had trouble with that have been victimizing the community.”

Hamner intends to seek justice for James. He hasn’t ruled out charging supervising adults in this case.

“This is the quintessential example of why we say keep the guns away from the kids. The fear is that something will happen that will result in somebody getting killed, and that’s what we have here.”

The next hearing is scheduled in juvenile court for Tuesday.