Amir Atkins family outraged no murder charges filed in deadly shooting

The family of an 11-year-old boy shot to death in a Minneapolis park is demanding prosecutors file murder charges against the suspected gunman.

Amir Atkins’ loved ones are angry the Hennepin County Attorney’s office has deemed the shooting a case of self-defense. The alleged 16-year-old gunman is facing one juvenile felony count of a minor in possession of a weapon. He was arraigned on the lone charge on Thursday.

‘Justice for Amir’

What they're saying:

Wearing shirts emblazoned with Amir Atkins’ baby photo, loved ones of the 11-year-old gathered outside the Hennepin County Juvenile Justice Center Thursday afternoon as the suspected gunman was arraigned in a second-floor courtroom. 

The family is outraged by the Hennepin County Attorney’s office decision to charge the suspected teen gunman with only one count of a minor in possession of a weapon. They want the young man charged with murder.

"It is really about justice for Amir," said Marvin Walker. "Kids are going to be kids, but it is not justifiable for you to just kill him.

Teen charged with weapons possession

What we know:

The suspect is a 16-year-old high school junior-to-be, who is now charged with weapons possession as a minor.

FOX 9 is not publicly identifying him because of his age.

He is accused of opening fire on Atkins last month in Minneapolis’ Folwell Park in what prosecutors have so far concluded is a case of self-defense. According to the juvenile court filings in the case, the broad daylight encounter was captured on surveillance video from the nearby rec center.

It apparently shows Atkins leaning out from the front passenger seat of a Kia, holding what appears to be a firearm as the vehicle sped through the park, veering towards the shooter’s location.

The suspect can then be seen diving into a separate vehicle, grabbing a gun and shooting.

Atkins was killed. His family disputes that the child was armed.

"They are presenting that the 11-year-old boy had something in his hand but cannot identify it as a gun. But can identify a 16-year-old boy having a gun and shooting it. That's a little bit of controversy there," said Walker.

Hennepin County Attorney Mary Moriarty previously released a statement that said in part: "Everything about this case is a tragedy, especially that an 11-year-old boy, Amir Atkins, is dead."

She goes on to say, "No matter what Amir was doing at the time, he was a young child. He deserved to live a full life."

Atkins family not done fighting

In court Thursday, the suspect’s attorney argued the 16-year-old should be released from custody to his parents.

But even with the lesser weapons charge and apparent self-defense claim, the judge found the young man is still a public safety threat and ordered him held at the Juvenile Detention Center as the case moves forward. He is due back in court next month.

What's next:

As for Atkins’ family, including the boy’s mom who sat in on the hearing, they said they are not done fighting for an enhanced charge of murder.

Crime and Public SafetyMinneapolis