5-year-old boy in California stabs twin brother to death.


Deputies from the Santa Cruz County Sheriff’s Office responded to a call of a stabbing at the 200 block of Tucker Road in Scotts Valley, California, on Wednesday.

Upon their arrival, the officers learned that the brothers had been fighting and that one of them grabbed a small kitchen knife and stabbed his twin during the encounter. The 5-year-old received "life-saving efforts" from deputies and first responders. He was later taken to a hospital, where he died.

The sheriff's office said that an investigation showed that "there is no indication of negligence or criminal activity by any other party."

"In coordination with the District Attorney’s Office and in light of all circumstances discovered by our investigators, no charges will be filed against anyone involved. California law dictates that age, criminal intent, and knowledge of wrongfulness are factors needed to charge a child with a crime (PC 26 and W&I 602)," their statement explained.

 California's Penal Code Section 26 lists the cases in which individuals are "not capable of committing crimes." One of those is "children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness."

Under California Welfare and Institutions Code 602, "any minor who is under 12 years of age" when they are alleged to have committed offenses that include murder is "within the jurisdiction of the juvenile court."

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