(WMC-TV) – A Memphis 9th grader is locked up in juvenile court facing accusations that she killed a man with a gun she did not know was loaded.
On Saturday, in a parking lot near Summer Avenue, Antonio Jesus Tellez-Garcia, 20, was shot and killed.
Police say it was 15-year-old Michelle Alvarez who pulled the trigger.
According to court documents, Tellez-Garcia and Alvarez were sitting together in a parked car. Police say both were under the mistaken impression that the gun was not loaded.
Investigators say Tellez-Garcia handed the gun to the teen, who was sitting in the back seat. They say she took it, pointed it at the back of the passenger seat, where the victim was sitting, and pulled the trigger.
Alvarez is now charged with reckless homicide. Her court appointed attorney says the shooting was an accident but requested that her client remain in custody while an evaluation of her overall health and well-being and a referral by the Department of Children's Services are being completed.
Because she is in police custody, Alvarez' next court date must happen within the next two weeks.
Her attorney says she plans to fight any attempt to transfer the case to 201 Poplar.