RALEIGH — A Wake County judge on Thursday delayed a hearing on whether two teenage brothers accused of murder can be tried as adults.
Judge Jennifer Knox granted a request for more time from defense attorneys representing the 13-year-old and 15-year-old charged with fatally shooting Fernando Garibay-Benitez, 16.
The boys, now being detained in separate detention facilities, were not at the hearing.
Prosecutors disclosed that they had video as evidence and 200 pages of printed materials related to the case.
Knox set Oct. 11 as the date she will decide whether the boys cases are transferred to adult court.
Little else about the case was discussed.
In North Carolina, state law dictates that when a first-degree murder case involves a defendant 13 to 15, the case must be transferred to adult court if a juvenile court judge finds enough evidence to continue with the charges.
Law enforcement officers have released scant details of what happened on Aug. 15 when Garibay-Benitez was shot and killed near the Lexington on the Green apartments on Rolling Green Court in North Raleigh.
Garibay-Benitez, a rising sophomore at Millbrook High School who, according to friends, was a soccer enthusiast, was dead when police arrived.
Investigators have not publicly revealed a motive for the shooting, nor have police stated whether they think it was gang-related.
Garibay-Benitez lived in a mobile home park off Buffalo Road in North Raleigh, about three miles from where he died.
Investigators were led to the teenage brothers after finding a minivan that a 911 caller reported seeing at the crime scene.
The caller told emergency dispatchers Garibay-Benitez had been shot in the head.