News 12 First at Five / Tuesday, Jan. 3, 2012

WAYNESBORO, Ga. -- Judge Willie Saunders ordered for a 10-year-old Midville boy to remain in state custody during a detention hearing Tuesday afternoon.

The young man is accused of shooting and killing his father's girlfriend, with whom he lived.

The child's defense attorney, Pete Theodocion, told News 12 this is the youngest person he's ever represented.

"I think that right now -- being in custody is not a bad thing. Right now [the young boy] needs to have access to the sort of attention he needs, the sort of counseling he needs. And he needs to be protected, you know, possibly from himself."

Jennifer Albright died from a single gunshot wound in her home Friday morning. The young suspect first told authorities a masked gunman broke into the home and shot the 31-year-old mother, but investigators later ruled out a home invasion as an explanation for the shooting.

They say the 10-year-old boy first said the shooting was an accident; he later admitted he shot Albright on purpose. It is not clear if the boy understood the potential finality of that gunshot.

In Tuesday's hearing, Assistant District Attorney Pittman Morris shared the state's theory of what happened. Morris says Albright was changing her baby daughter's diaper when something upset the 10-year-old. He allegedly retrieved the shotgun he'd been given for Christmas and shot Albright.

"It's just devastating for everybody. It's just something that's touched a lot of lives, and it's just one of the saddest stories I've ever heard ... much less been a part of," Theodocion said of the boy's family.

An 8-year-old and a 19-month-old were also at home at the time of the shooting. All of the children are said to be OK. Albright, her boyfriend and the 10-year-old lived together in the new Midville home they'd just moved into. The 8-year-old is a relative of Albright's boyfriend who did not live with the family but was at the house when the shooting happened.

Judge Saunders says the juvenile is a potential risk to himself and others, which is why he ordered a psychological evaluation be given as soon as possible. He said the 10-year-old should be provided a guardian of the state quickly, too.

The next court proceeding will take place Jan. 24. The state's petition for formal charges will be filed by that time.

Theodocion says his client is currently the youngest inmate at the RYDC in Augusta.