WYLIE (CBS 11 NEWS) – A Wylie teenager accused of murdering a friend earlier this year will be tried in juvenile court, even though prosecutors wanted him certified as an adult.

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According to CBS 11 News reporter Bud Gillett, along with prosecutors the victim’s family also wanted the boy tried as an adult. “I’m just sad; I’m not happy with the decision,” said Teresa Martinez, the mother of 15-year-old victim Nahum Martinez.

Family members were stunned the accused killer will remain in juvenile custody. Judge Cynthia Wheless ruled the alleged shooter, who was 14-years-old when the crime was committed, could still face up to 40 years in custody.

“I don’t know why she made the decision,” said Roberto Martinez, the boy’s father speaking of the judge’s decision in sometimes halting English.  “When I think she don’t feel what we feel, like the pain we feel.  She don’t feel that.”

Teresa Martinez echoed her husband’s concern.  “I think our hopes are done but we hope he [the defendant] gets the maximum he can; there’s nothing else we can do, it’s not in our power.”

Family members say Nahum was a high school freshman and cross-country athlete who had initially befriended his accused killer.  They say that new “friend” turned on Nahum and shot him in the head at close range.

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Picture of Nahum Martinez, 15, a teen shot and killed on March 31, 2012. (Credit: Wylie ISD)

Police claim the defendant and a third teen tossed Nahum Martinez’ body out a window and tried to stuff it into a storm drain.  “If my son had been smaller he would have stuffed him down and we would probably still be looking for him,” Teresa Martinez said.

From the bench, Judge Wheless observed there was probable cause the defendant had committed the act of murder, and there was no question he was a danger to society.   But she also said the defendant’s family had failed him at every turn, and he could possibly be rehabilitated in the juvenile system.

The Martinez family disagrees. “Someone who has no heart,” asked Teresa Martinez, “how can you rehabilitate that?” Her sister, Isabel Jimenez had the same feeling and said, “He [the defendant] knew about guns and he had all that knowledge and he knew if you point it to the head of another person and pull the trigger?  He knew.”  She added, “He committed an adult crime, he murdered my nephew and he should be tried like an adult.”

The second teen involved with disposing of Nahum Martinez’ body was sentenced to a year in juvenile custody and will be on probation until age 18.  Neither boy is being identified because of their ages.

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