13-year-old accused of killing 11-year-old friend in Newburgh back in court as defense disputes murder charge
Defense attorney argues the 2025 shooting was accidental and says the case is “riddled with mistruths” amid an ongoing dispute over evidence
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The attorney for a 13-year-old Newburgh boy accused of fatally shooting his 11-year-old friend continued to challenge the murder case against him Thursday, arguing in court that the shooting was accidental and renewing concerns about evidence she says has not been turned over by prosecutors.
The teen is charged with second-degree murder in the October 2025 shooting death of 11-year-old Matthew DeGroat inside the victim’s Newburgh home. The defendant’s identity has not been publicly released because of his age and juvenile-offender status.
During Thursday’s pretrial appearance in Orange County Court, defense attorney Laisa Pertet argued that the case has been “riddled with mistruths” and said, “a kid has now been in jail for a murder that never happened.”
Pertet argued that Matthew accidentally shot himself, pointing to what she described as an initial 911 call in which the victim’s mother allegedly indicated the shooting was accidental.
Prosecutors, however, allege the 13-year-old intentionally shot Matthew in the head with a gun that belonged to the defendant. They have also previously alleged that the teen displayed the same gun during a separate incident days before Matthew was killed — an allegation tied to the menacing charge he is facing.
In addition to second-degree murder and menacing, the teen faces charges including criminal possession of a weapon and tampering with physical evidence.
Much of Thursday’s hearing centered on an ongoing dispute over evidence and a protective order in the case. Pertet said she has requested disciplinary records and information about lawsuits involving all law enforcement officers connected to the investigation and argued that she has not received everything she believes should have been turned over by the Orange County District Attorney’s Office.
Pertet said she “can’t imagine” that every officer involved has never been subjected to some type of internal review, adding, “That doesn’t seem normal.”
Judge Craig Stephen Brown responded that if the records Pertet is seeking do not exist, there is nothing for prosecutors to turn over.
The defense also again raised concerns that it was not given an opportunity to conduct an independent autopsy before Matthew’s remains were cremated.
Brown said Pertet had failed to demonstrate a sufficient need for a second autopsy that would justify postponing the family’s wishes to have the child’s remains cremated, which he said was why the earlier request was denied.
Pertet again indicated that she wants the 13-year-old released without bail or with electronic monitoring. The teen has remained in a secure juvenile detention facility since his arrest. Bail was previously set at $500,000 cash, $1 million secured bond or $1.25 million partially secured bond at 10%.
The defense also requested private accommodations Thursday to speak with the underage defendant, which the court provided during a recess.
Members of both the defendant’s family and Matthew’s family were present in court. The defendant’s relatives could be heard offering encouragement during the proceeding, at one point saying, “I love you, baby.” As the hearing ended, family members told the teen to “keep your head up.”
The 13-year-old is due back in Orange County Court on Oct. 14.
