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Originally published Tuesday, November 25, 2008 at 6:20 PM

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Charges at issue in case of young murder suspect

The attorney for an 8-year-old Arizona boy charged with fatally shooting his father and another man doesn't want prosecutors to drop one of the first-degree-murder charges.

By FELICIA FONSECA

Associated Press Writer

FLAGSTAFF, Ariz. —

The attorney for an 8-year-old Arizona boy charged with fatally shooting his father and another man doesn't want prosecutors to drop one of the first-degree-murder charges.

Lawyer Benjamin Brewer said Tuesday in court filings in Apache County that the move wouldn't serve the child's interests.

Prosecutors have asked a judge to dismiss the murder charge involving the father but want to be able to refile the charge.

Brewer says that would give prosecutors a tactical advantage that could result in the boy being charged as an adult when he's older.

Prosecutors cannot explain their actions because of a gag order.

Police in the town of St. Johns allege that the boy killed both men with a rifle in their home on Nov. 5.

Copyright © 2008 The Seattle Times Company

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