Medical examiner identifies 12-year-old victim of fatal shooting, 15-year-old arrested

MILWAUKEE (CBS 58) -- A 12-year-old is dead and a 15-year-old is in custody following a shooting that happened Saturday, Oct. 26. 

According to a court official, Saturday afternoon, a 15-year-old was hanging out with two others kids in a car on Milwaukee's north side. 

The 15-year-old pointed a gun at the 12-year-old and the 12-year-old said, "don't point the gun at me." That's when the gun went off. 

The 12-year-old -- identified as Marquell Newburn -- was rushed to Children's Wisconsin but did not survive. 

Milwaukee police say the 15-year-old is now in custody, but neighbor Jeffrey Dinkins believes it was an accident between the two boys. 

"I just know they were real good childhood friends," said Dinkins. "I looked at them as baby brothers. I'm still in shock." 

Charges against the 15-year-old are pending but he is expected to be tried as an adult.