Nathaniel Abraham, 13, is one of the youngest murder defendants in the nation. He was only 11 when he killed 18-year-old Ronnie Lee Greene, Jr.

				THE NATHANIEL ABRAHAM TRIAL
				Background Oct. 19 Update (Jury Selection) Oct. 21 Update Oct. 22 Update Oct. 28 Update Oct. 29 (Opening Statements) Oct. 29 Update (Evening) Nov. 1 Update (Morning) Nov. 1 Update (Evening) Nov. 2 Update (Morning) Nov. 2 Update (Evening) Nov. 3 Update Nov. 4 Update Nov. 5 Update (Morning) Nov. 5 Update (Evening) Nov. 8 Update (60 Minutes Interview) Nov. 8 Update (Morning) Nov. 8 Update (Evening) Nov. 9 Update (Both sides rest) Nov. 10 Update (Closing Arguments) Nov. 11 Update Nov. 15 Update (Jury Deliberations) Nov. 16 (The Verdict) Jan. 12 Update Jan. 13 Sentencing Text of Abraham's Sentence Special Report: Michigan Juvenile Law

PONTIAC, Mich. (Court TV) — When is a child too young to be charged with first-degree murder? At what point does society lose faith in a child and condemn him to life in prison?

No case illustrates these dilemmas more than that of 13-year-old Nathaniel Abraham. Abraham is on the trial for first-degree murder in the 1997 shooting death of 18-year-old Ronnie Lee Greene, Jr. Michigan prosecutors claim Abraham, only 11 at the time of the shooting, intended to kill Greene and should be prosecuted — and punished — as an adult. Abraham's past juvenile record, prosecutors argue, indicate that he is dangerous and society needs to be protected from him. One of the youngest murder defendants in the nation, Abraham has been charged under a controversial 1997 Michigan law that allows children under age 17 to be tried as adults for serious crimes.

Prosecutors say Abraham fits the description of the kind of child this law targets. At the time of his arrest for Greene's killing, the then-11-year-old Abraham had been suspected in 22 different crimes, ranging from burglary to assault with a metal pipe. But because of either lack of evidence or uncooperative witnesses, Abraham was never formally charged with the crimes. He was only arrested once — five weeks before Greene's shooting, police apprehended him for burglary.

Greene and Abraham did not know each other before Oct. 27, 1997. They were not rivals — they were not even aware of each other's existence. According to Abraham's attorneys, the shooting was accidental and the boy was randomly shooting at trees with a .22 gauge rifle when he accidentally struck Greene. Abraham's lawyers claim he did not even realize he had hit Greene. In addition, the defense argues that Abraham did not have the mental capacity to form the intent to kill because of his youth and intellectual shortcomings.

Greene was in front of the Sunset Plaza Party Store in Pontiac with two friends, Cory Brock and Carlos Falu, when they heard the gunshots presumably fired by Abraham. As they were about to cross the street, they heard one other shot — and suddenly Greene was on the ground, bleeding from a head wound.

Brock and Falu say they never saw the shots that came in their direction. Greene died from the bullet wound approximately 24 hours later.

Police arrested Abraham for Greene's shooting death on October 31. Abraham, in Halloween face paint and costume, was apprehended from his classroom. The officers had received a tip from a neighbor of Abraham's who had had an encounter with the boy — and the stolen rifle — hours before Greene's shooting. According to Michael Hudack, he heard what he thought were firecrackers outside his house. Hudack looked outside and saw Abraham and boy named "Marcel" approximately 50 feet away. He thought Abraham was holding a stick in his hand.

Hudack then went back inside his home, heard "firecracker" noises again, and investigated his back porch, where he retrieved his dog. While investigating his back porch area, Hudack says he heard distinct gunshot noises and sensed something whiz by his head. Hudack then saw Abraham and Marcel near a neighboring white garage and yelled to them, "What the hell are you doing?" The boys ran off, and Hudack immediately reported Abraham to police. While calling 911, Hudack says he saw Abraham and Marcel walking through his yard and saw what appeared to be a rifle in Abraham's hands.

Hudack assumed police arrested Abraham that night. He was shocked when he saw Abraham the next day and yelled at him, saying that the boy could have killed him. Abraham allegedly apologized and told Hudack he didn't mean to shoot at him and that he was firing at the garage, trees and fence. Hudack said he demanded the gun from Abraham, and that Abraham gave it to him, along with a box of hollow point shells.

The next morning, October 31, Hudack read about Greene's shooting and suspected Abraham's involvement. He called police, who retrieved the rifle and apprehended Abraham.

When questioned by police, Abraham and his mother were advised of his Miranda rights and they reportedly waived them. Abraham allegedly admitted shooting the same gun Hudack had taken from him and given to police. He insisted, however, that he was not aiming at Hudack but was firing at a garage. Abraham also admitted shooting at trees near the Sunset Plaza Party Store and admitted seeing people around the store. But he never confessed specifically to aiming at and shooting Greene.

The defense tried to get Abraham's police statement barred from trial, arguing that he was not old enough — or intelligent enough — to understand and waive his Miranda rights. The 11-year-old Abraham, the defense argues, had the mental capacity of a six-year-old. Abraham's mother claimed that police never told her or her son that they were questioning him about a murder. Oakland County Probate Judge Eugene Moore threw out the statement in a pretrial ruling, but prosecutors appealed the ruling to the Michigan Court of Appeals, which ruled the alleged confession admissible. Abraham's defense appealed to the Michigan Supreme Court, but the panel refused to accept the case.

Michigan prosecutors dismiss defense claims that the shooting was accidental, arguing that Abraham had practiced shooting the stolen rifle and was aiming at targets when he killed Greene. Abraham, prosecutors argue, is not an innocent child; he had repeated run-ins with police before the shooting and his alleged crimes were becoming increasingly violent. In addition, Abraham's girlfriend at the time told police that he had told her and others he was going to shoot someone. She also claimed that the day after the shooting, he told her he had shot someone and told her not to tell anyone. Abraham's best friend also told police that the defendant visited him after the shooting and admitted hitting Greene.

Abraham is charged with first-degree murder, assault with intent to murder, and two counts of illegal use of a firearm. If convicted, the judge has three sentencing options for Abraham: sentence him as an adult to life without parole; sentence him as a juvenile with penalties ranging from probation to incarceration at a juvenile facility until his 21st birthday; or imposing a conditional juvenile sentence, reserving the option to sentence Abraham as an adult if he fails to fulfill the judge's terms.

Robin Adams, the victim's mother, has told The Detroit Free Press that she doesn't want Abraham thrown into an adult prison with hardened criminals, but stresses that Abraham should be punished.

"I feel bad for the [Abraham] family, but I feel bad for my family," Adams told The Free Press. "We're the ones suffering. That [Abraham's] mother can see her child again. I can't see mine no more."

During Abraham's two-year wait for his trial, he seems to have grown up in a juvenile detention center. Only 4-foot-9 and 65 pounds at the time of his 1997 arrest, Abraham, lead defense attorney Daniel Bagdade says, has gotten taller and no longer resembles the sometimes tearful little boy who was swimming in his oversized prison garments in his first pretrial hearings. Bagdale hopes and prays Abraham's tearful eyes will not dry up into the hardened eyes of a criminal — Michigan prosecutors believe they already have.

— Bryan Robinson