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Fayette boy won't be put on stand to testify against brother

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Wednesday, Nov. 21, 2012, 12:01 a.m.

A 12-year-old boy who police wanted to testify against his older brother for allegedly shooting him left a courtroom in tears on Tuesday.

“Why does he have to be in jail?” said Timothy Brooks as he left the office of Uniontown District Judge Michael Metros. “He didn't do nothing.”

Brooks' 19-year-old brother, David Brooks, of 205 Fifth St., California in Washington County is charged by Uniontown police with aggravated assault, simple assault, reckless endangerment and carrying a firearm without a license.

In a criminal complaint, city Detective Donald Gmitter said David Brooks was in his father's residence at 201 S. Mt. Vernon Ave. at 7:38 p.m. Sept. 30 when he shot his brother.

David Brooks told police that he was taking a gun out of his pocket when it went off.

The bullet struck Timothy Brooks in his left hand, breaking it in two places, before becoming lodged in his stomach, according to the criminal complaint.

The boy was flown to Children's Hospital of UPMC, where he underwent multiple surgeries, according to the complaint. The injured hand was in a cast when Timothy Brooks appeared Tuesday in court.

David Brooks told police he threw the gun and magazine into a creek near his house, but police were unable to find it, according to the complaint.

Timothy Brooks was to testify on Tuesday during a preliminary hearing, but the hearing was continued to 9:45 a.m. Dec. 11.

Assistant District Attorney J.W. Eddy said he needs the continuance so that the boy can be interviewed by a forensic interviewer instead of testifying. The results of that interview will be introduced at the hearing, Eddy said.

David Brooks is in Fayette County Jail, where he has been held since the shooting in lieu of $50,000 bond.

Liz Zemba is a reporter for Trib Total Media. She can be reached at 412-601-2166 or

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