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Judge refuses to allow accused 14-year-old killer to go home with mother

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OLATHE, KS (KCTV) -

A 14-year-old boy accused of firing multiple bullets into his father cannot go home with his mother, a Johnson County judge ruled Friday.

Dalton Gay appeared before the judge via videotape. The Bonner Springs teen is charged in juvenile court with premeditated first-degree murder.

The boy's mother and stepfather took him to an auction house to hand him over to his father, Darren Gay, as part of a routine custody exchange. The mother and stepfather went inside, and that's when the boy opened fire on his father, who was sitting in his own vehicle, authorities say.

The boy's mother, Karen Lindsay, pleaded for a judge to allow her son to be released to her custody.

"He will be OK at home," an emotional Lindsay said. "I love him."

State prosecutors successfully fought for Dalton Gay to remain jailed.The judge ruled that Dalton Gay presents "a risk to himself or others" and bail should not be set.

While he remains at a juvenile detention center, prosecutors will consider upgrading the charges to an adult court.

Johnson County Chief Deputy District Attorney Chris McMullin said prosecutors have to consider eight factors for the charges to be moved to an adult court.

"It's obviously a very sad, and very serious case," he said. "But what I can tell you is it's governed by statute."

Dalton Gay has no prior criminal history. One family member said he was a straight A student.

Both sides indicate there is much more to this shocking case than has been made public.

"Homicides in Johnson County are extremely rare," McMullin said. "With a juvenile involved in a homicide, it's a shocking case."

Dalton Gay will be back in court at 11 a.m. July 16.

The Kansas City Star quoted friends of the teen saying he frequently spoke of his dad hitting him, and lately had spoken of suicide.

"One night he was acting different, and I had to keep asking him what was wrong," 14-year-old Stephanie Michael, told the newspaper. "He told me his dad was always mean to him, he always beat him and everything, and he was so done with it and he just wanted to kill himself."

The newspaper also cited court documents in saying that Lindsay alleged in 2009 that her former husband had been verbally abusive to their son via telephone. The filing also alleged that the boy had to sleep on a couch, or in the same bed with his father and his father's girlfriend, the Star reported. That motion sought to restrict Gay's visitation time with his son, and designated that their meetings to exchange custody should occur in a police station parking lot.

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