A Morgan County judge will allow the videotaped statements of an 11-year-old taken by police to be used in court.

The child is accused of shooting and killing his 6-year-old brother, Andrew Frye. Defense attorneys had requested the statements be suppressed, however Judge Christopher Burnham says the boy had time to consult with a parent before the statement was taken.

Pending no other motions, Judge Burnham will hear the case against the child Tuesday, September 6th is a fact-finding hearing where his guilt or innocence could be decided.

Morgan County Prosecutor Steve Sonnega says the cases against the children's mother and her boyfriend are still pending.

28-year-old Amanda Vandergrifft is charged with four felonies, including neglect of a dependent causing death. Her boyfriend, 30-year-old Matthew Boulden, faces three counts of felony neglect.