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Teen brothers indicted in 16-year-old's murder

The Associated Press

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RALEIGH — A grand jury has indicted two teens in the murder of a 16-year-old Raleigh high school student.

The 13- and 15-year-old brothers were indicted Monday in the August 15 death of Fernando Garibay-Benitez. Authorities say the rising sophomore at Millbrook High School was walking home when the other two teens pulled alongside him in a van and started shooting.

The Associated Press typically does not usually name minors charged with crimes. The teens are being tried as adults but won't face possible death sentences if convicted because of their ages.

In North Carolina, defendants typically are not in the adult court system until they are at least 16. But state law requires that anyone 13 or older who is charged with first-degree murder must be transferred to adult court.

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