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Child accused in shooting death of 10-year-old Keith Frierson not facing charges, victim's family says

The Sacramento County District Attorney's office says 'sole criminal liability and responsibility' for the boy's death lies with 53-year-old Arkete Davis.

SACRAMENTO COUNTY, Calif — A Sacramento child accused of shooting and killing his 10-year-old friend after a bike race will not face charges, according to the victim's family.

The Sacramento County District Attorney's Office did not respond directly to an inquiry from ABC10 about the child's charges, but they did say in a statement that responsibility for the 10-year-old's death lies with 53-year-old Arkete Davis. The statement was as follows:

As part of a statement read in open court today, the Sacramento District Attorney’s Office stated, “Based on the facts currently known, the sole criminal liability and responsibility for the child’s death lays exclusively with this Defendant.”

Given this is a pending case, our ethical obligation prevents us from making any comment at this time. Additionally, juvenile matters are confidential as mandated by California law.

The suspected shooter has only been identified as a 10-year-old. The victim was identified by family and the coroner's office as 10-year-old Keith Frierson.

He was shot Dec. 30 along the 4700 block of Greenholme Drive and died at a hospital.

Deputies believe the 10-year-old suspect went to his father's car to get him cigarettes before the shooting. While in the car, the 10-year-old also allegedly grabbed a gun reported stolen in 2017 and bragged to his father, identified as Davis, about having it.

Deputies say the 10-year-old shot the victim once then ran into a nearby apartment unit. Investigators believe Davis hid the gun by throwing it in a nearby trash can.

Mark Reichel, a defense attorney with no connection to the case, previously told ABC10 trying to prove a child intended to murder someone might be difficult for prosecutors

Davis appeared in court Wednesday for the first time where a judge decided he will be held without bail. Davis is facing several charges including possession of a firearm by a felon, endangering the life of a child and destroying evidence.

Frierson's mother, Brittani, spoke with ABC10 after the court appearance.

"[You're] basically giving a child a time out... that's not enough," she said. "You're letting him know that I can kill someone and I get to go home."

WATCH ALSO: Child identified as victim in Sacramento County shooting allegedly by another 10-year-old

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