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They should all be charged.
In times past, 13 was old enough to set out and start supporting your family. Big life decisions were mere years away.
Hell, my own first job was at 12 (yay family construction biz). My point is: 13 is plenty old enough to be responsible for murder, especially when the kid acknowledges that he knew the gun was loaded. Do we trust this cops and robbers story? Or was this just simple murder? It wouldn't be the first time a jealous sibling killed their rival.
Oh, and it's crap like this that is going to bring on the safe storage laws. So FFS people, do the right thing *before* being compelled by law to do so.
I agree I just wish they would keep it consistent all around.