Boy charged as an adult after allegedly killing his mother appears in court

WAUWATOSA, Wis. (CBS 58) -- The 10-year-old boy who allegedly shot his mother to death appeared in court for the first time in person Wednesday afternoon.

The child was automatically charged as an adult, which has caused a lot of controversy both locally and nationwide.

In the courtroom, there was a lot of back and forth on how to treat this particular case given the charges and his age.

Prosecutors filed two charges as options for a judge or jury to consider: Initially, it was one count of first-degree reckless homicide. Then, a second count was added -- first-degree intentional homicide. On Wednesday, the boy's attorneys filed to dismiss count two based on multiplicity and arguing that there was no probable cause.

Count one would mean imprisonment for up to 60 years, meanwhile count two would signify life in prison.

A motion to reduce his cash bail from $50,000 to $100 was also requested. As an adult, the attorney said the number is based on the level of income and because he is a child, his only savings are from birthday gifts and what he may find behind a couch, therefore he would not be able to bail himself out with such a high bail.

"You can't ignore the fact that the defendant is a minor and not just a minor, but a young minor," said Judge Jane Carroll. "His ability to give bail is minimal to nonexistent as his attorney indicated, he doesn't have any assets but what he finds in the couch cushions; he's not employable, he doesn't have any assets to give...the nature, number and gravity of the alleged offenses are significant, this is an extremely aggravated offense."

The judge withheld the motion to dismiss the second count until written requests are filed. Until then, the boy is being held in a juvenile facility.

A motion hearing is set to take place on Jan. 19, 2023.