ALBUQUERQUE, N.M. (KRQE) – Attorneys for the 13-year-old accused of shooting and killing a classmate at Washington Middle School fought to get him released. Investigators say Juan Saucedo Jr. shot and killed 13-year-old Bennie Hargrove at school last month after Hargrove confronted him about bullying other students.

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On Monday, Saucedo appeared in court virtually for a competency hearing. His defense says he should be in a more treatment-based facility rather than the detention center, or released to his family where he can be supervised 24 hours while attending a charter school virtually.

Prosecutors say releasing him puts the community in danger. “We would ask the court to either make Juan CC eligible for releasing him with very strict conditions to his family. As far as his parents, they are not able to adequately monitor the child in the community. The police report says he got the gun from dad, dad and mom have had trouble with violence in the community and attacking people. They are not suitable for them to watch over him at this time,” the prosecutor said.

The state asked for more time to conduct the competency hearing because the doctor who evaluated Saucedo needs to complete their report.