Doctor's report finds 10-year-old boy charged as an adult in homicide legally 'competent'

WAUWATOSA, Wis. (CBS 58) -- A doctor's report confirmed that the 10-year-old boy who is being charged as an adult after allegedly killing his own mother last November is competent to proceed to trial as an adult.

The minor, who is being charged with first-degree intentional homicide, was back in juvenile court on Friday, Feb. 17.

About three weeks ago, a competency evaluation was requested. On Monday, the boy's attorneys said they didn't get the chance to review the entire report with the boy, and so the judge granted additional time.

On Friday, Judge Jane Carroll personally asked the boy, in front of the court, if he felt like he was competent, and what he said contradicted what his attorneys argued.

After a brief pause to reconvene with the boy, his attorney, Angela Cunningham, clarified.

"He disagreed with a lot of the information in that report. There was some conversations…about competence versus intelligence, and so part of that is that confusion," she said.

The judge asked the boy again, to clarify.

"Dr. Gust-Brey came to the opinion that you could do that, and your attorneys are telling me that you disagree with that finding, is that true?" Judge Carroll asked.

"Yes," the boy answered.

A two-part competency hearing date has been set for May 1-2 and the doctor is expected to testify to further explain.