In June of 2012, Sgt.
Derway of the Fort Edward Police said the victim, 13-year-old Gary Cota, and
his then 13-year-old friend were looking at a shotgun in one of the bedrooms in
Cota's home when the gun accidentally fired. The young teen was shot once in
Washington County District
Attorney Kevin Kortright said the issue will now go to family court because the
county DA's office will not prosecute.
"There are only certain crimes
that we could prosecute when they are that young. We didn't feel that we had
the evidence with the crime to prosecute him as a juvenile offender which would
allow him to be prosecuted in our court," said Kortright.
If convicted, the boy could face
jail time or probation.