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Charges dropped against California man who shot little brother

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Wednesday, Dec. 12, 2012, 12:01 a.m.

Criminal charges against a Washington County man accused of shooting his 12-year-old brother were dismissed to spare the victim from testifying, a Fayette County prosecutor said Tuesday.

“I spoke to the family, and neither they nor the child want to proceed because they feel it will be traumatic to the child and will change the family relationship,” Assistant District Attorney J.W. Eddy said after the charges were dismissed against David Brooks.

“Out of respect for the family and the child, we dismissed the charges,” Eddy said.

Brooks, 19, of 205 Fifth St., California, was charged with aggravated assault, simple assault, reckless endangerment and carrying a firearm without a license in connection with the Sept. 30 incident.

Uniontown police said Brooks was in his father‘s residence at 201 S. Mt. Vernon Ave. at 7:38 p.m. when he shot his 12-year-old brother, Timothy.

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

The bullet struck Timothy's left hand, breaking it in two places, then lodged in his stomach, according to a criminal complaint.

The boy was flown to Children‘s Hospital of Pittsburgh, where he underwent multiple surgeries, according to the complaint filed by city police.

A preliminary hearing was to be held last month on the charges, but it was postponed when Timothy appeared reluctant to testify. The boy, whose left hand was in a cast, last month left the courtroom in tears.

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

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