An Indiana judge has acquitted a 12-year-old boy of murdering his little brother, but still convicted him of a lesser juvenile charge. Hit the jump to read the rest of the story.

The judge says there was no proof the older boy intended to kill his 6-year-old brother.

Guilty of reckless homicide; not murder was the finding by the judge.

The 12-year-olds family had prayed on the way into court for a not guilty verdict on both counts, but the judge didn’t see it that way.

“It’s really good to know the judge considered that it might have been an accident and he’s not facing a bigger sentence its wonderful I just wish he was coming home though,” said the suspect’s aunt, Karri Vandagrifft.

After weighing the evidence in the two day juvenile court proceeding, the court ruled the young man did pull the trigger in a reckless manner, killing his little brother, only 6-years-old.

“We presented the case we had Judge Burnham was very throughout listened to the evidence and made a decision,” said Chief Deputy Prosecutor Bob Cline.

Despite evidence that included 20 witnesses, 70 exhibits, and numerous arguments including showing the .22 caliber weapon used in the crime, the defense had hoped the boy would be found not guilty of all charges, and instead undergo counseling.

“Disappointment I didn’t think the judge would find him guilty of reckless homicide and I felt confident the state had not proven murder so were pleased there was no guilty verdict,” said Defense Attorney John Boren.

The judge has ordered the 12-year-old to remain in a juvenile facility for evaluation.