Request to revoke furlough for child murder suspect withdrawn

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UPDATE: The state prosecutor's motion to revoke the St. John' boy's furlogh has been withdrawn.

3TV's Mike Watkiss reports both parties went behind closed doors and agreed to a new set of furlough conditions.

The judge in this case has ordered another hearing scheduled in July when he will hear the findings of two psychiatric evaluation.

ST. JOHNS -- The 9-year-old St. Johns boy awaiting sentencing after pleading guilty to negligent homicide in the shooting death of his father's friend could be headed back to state custody.

Furlough violations?

State wants child murder suspect returned to custody - A judge is expected to hear arguments today over whether a 9-year-old St. Johns boy awaiting sentencing in the shooting death of his father's friend should be detained.

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A judge is slated to hear arguments from both sides today.

Prosecutors want the boy detained, saying he has violated several conditions of his furlough. They said not only did he leave the state without permission, but he also has missed court-ordered school session.

A lawyer for the child's mother says that's not the case. That attorney says the mom had permission from a detention officer to take her son to New Mexico overnight in May and that his classes during that time had been canceled.

In addition, the child reportedly was allowed to run around unsupervised at a recent Little League game, much to the "consternation" of people in the audience. The boy's mother says it didn't happen.

Another allegation is that that pair lived for a time with man who is a convicted felon.

While the Apache County Attorney's Office wants the child placed back in dentention, the little boy's defense attorneys side with the mother's lawyer. They say he has not violated any conditions of his release and that he should not be punished for circumstances over which he has no control.

The mother's and boy's lawyers have filed paperwork denying the allegations and stating that the situation has been "grossly mischaracterized" by the state.

The boy was accused of shooting and killing his father and his father's friend late last year. Just 8 years old at the time, he was charged with two counts of first-degree murder. In February, the child pleaded guilty to negligent homicide in the friend's death. As part of that plea agreement, prosecutors dropped the charges related to the death of the little boy's father. Since that deal, the boy has been out on extended furlough in his mother's custody.