Brother Charged in Death of 8-year-old Will Attend Funeral

Judge allows release without bond

By Kimberly Podgorski
|  Friday, Mar 4, 2011  |  Updated 3:24 PM CST
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Brother Charged in Death of 8-year-old Will Attend Funeral

NBCChicago.com

An 8-year-old boy was shot and killed in a Dolton home Tuesday night.

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A man charged in the death of his 8-year-old brother will be allowed to attend the funeral, prosecutors said today, according to the Chicago Tribune.

Brandon Upshaw, 22, is charged with felony child endangerment in the death of 8-year-old Kyree Davis. 

According to the Chicago Tribune, Associate Judge Darron Edward Bowden ordered Upshaw be released today on his own recognizance to attend Kyree's funeral.

Upshaw's 11-year-old brother found his gun hidden in the backyard of their Dolton home and accidentally shot his 8-year-old brother to death with it.

More than a half-dozen supportive relatives along with his attorney, attended Markham District Court and pleaded with the judge.

Due to the support of eight close relatives in court, the judge felt compelled to allow Upshaw to be released without having to post bond, according to the paper.  Upshaw's attorney says he has two small children at home and wants to attend the funeral of his little brother.

Family and witnesses said the boy and his 11-year-old brother were home alone Tuesday night when the younger boy shot himself while playing with a gun he'd found in the home.

Posted Saturday, Sep 4, 2010 - 11:01 AM CST
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