OCALA, Fla. — A 9-year-old boy who was charged with attempted murder in the stabbing of his little sister will go free after a judge dismissed the charges Wednesday.
- Investigators: 9-year-old yelled "die, die" as he stabbed little sis
- Boy says a voice told him to kill sis days before January attack
- Judge dismisses charges; boy could go free Wednesday
- RELATED:
"The case is dismissed without prejudice and released," the judge said during the hearing in a Marion County courtroom.
The boy’s attorney told Spectrum News 13 that according to Florida law, if the boy cannot comprehend the process and has been ruled incompetent by a professional psychiatrist and a psychologist, he must be released.
The child's public defender told the judge she had results from the child's competency examination, and two psychologists and one psychiatrist all found that the child is not competent to stand trial. Examples read by the judge include the child's inability to understand the seriousness of the charges against him, and that his ability to testify is severely limited.
“He's so young and immature and has no experience with the criminal justice system that he does not understand it," said Celeste Snyder, Marion County Public Defender.
A February 21 hearing with the boy and attorneys was halted because prosecutors asked for more time to determine the child's competency.
The 5-year-old girl was stabbed in late January at an apartment complex in Ocala. A police affidavit said the boy yelled "die, die" as he attacked his sister. The boy said that days before, he heard a voice that told him to attack her.
The girl was airlifted to UF Shands Hospital in Gainesville and is expected to recover.
The boy is expected to be released Wednesday afternoon, though it's unclear at this time whether he will be released to his mother or an appointed guardian.
Per Spectrum News's crime guidelines, we have not identified the boy because he was being tried as a juvenile.