(AP) - A gun-toting teenager fighting with a fellowhigh school student shot and killed a 13-year-old bystander, thepolice commissioner said Sunday.

The 16-year-old gunman was under arrest in the death of KevinMiller, who was shot in the head Friday on a Queens street as heheaded out for a snack, Commissioner Raymond Kelly said. Thesuspect's name and charges against him weren't immediatelyavailable.

The suspect and another teen, both students at a nearby highschool, were quarreling on a street corner as Kevin walked byFriday afternoon, Kelly said. He said the suspect pulled out arevolver and fired two shots; a 17-year-old was hit in the thighand is in stable condition.

Kevin's mother, Donna Greaves, told the Daily News her son washeading to McDonald's with money she had given him as a reward forgetting good grades and doing his chores.

Kevin was a high school freshman and a junior usher and Biblestudy member at his church, his family said.

"He don't know streets. He knows family," his aunt SharonGriffis told the newspaper.

His death brought a public lament from Mayor Michael Bloomberg,who was on hand as Kelly answered questions about the case after anunrelated news conference.

"Here's another young kid with a gun, and an innocent13-year-old is dead," Bloomberg said. "What kind of a society dowe have?"