Was Littlerock shooting an accident?

The boy is accused in court documents of fatally shooting his father, Jimmie Asher Jr., 39, in the back of the head with a rifle at the father’s home in the 10900 block of Delphi Road on Sunday night. According to court documents, the boy shot his father in bed as he lay asleep with his fiancee.

“I do not believe that he poses a threat to anyone,” Jim Asher Sr. said of his grandson, addressing the court. “There is no way he is not going to come back to court and clear his name. It was my son that was killed. I do not believe that my grandson killed my son on purpose.”

During Tuesday’s hearing in juvenile court, Thurston County Commissioner Indu Thomas ordered the 13-year-old held on suspicion of second-degree murder, with bail set at $100,000. Thurston County Deputy Prosecuting Attorney Wayne Graham now has 72 hours to decide whether to file a formal charge of second-degree murder.

The boy’s attorney, James Dixon, reiterated Jim Asher Sr.’s statements that the boy did not murder his father. Dixon added that the entire family, including Asher Jr.’s fiancee, do not believe the boy killed his father on purpose

The courtroom was packed Tuesday with family, and friends from Tumwater Middle School.

Thurston County Sheriff’s Lt. Greg Elwin said Tuesday that investigators have found no evidence to suggest that the boy shot his father accidentally. Elwin added that detectives are gathering evidence of motive that supports a charge of second-degree murder, but he declined to elaborate.

Graham added outside court Tuesday that the prosecutor’s office is trying to decide whether to charge the 13-year-old as an adult, which would mean stiffer potential penalties if he is found guilty.

According to court documents filed to support a second-degree murder charge against the boy:

Asher Jr.’s fiancee called 911 about 11:30 Sunday night to report that she had awoken to find him “lying in a pool of blood in their bed.” Responding medics determined that Asher Jr. was deceased “due to a gunshot wound.”

When Thurston County sheriff’s deputies arrived they met Asher’s fiancee and the 13-year-old’s mother. The 13-year-old was in his mother’s car. A deputy located a rifle leaning in a corner behind the front door.

“Mr. Asher’s fiancee indicated that she had been sleeping and had not heard anything prior to awakening with blood all over her. Mr. Asher’s ex-wife told law enforcement that she didn’t know what had happened.”

After being read his Miranda warnings, the boy told several conflicting accounts of what had happened.

He first stated that “he heard something in his dad’s room, maybe a gunshot, but that he stayed in his bedroom. He then changed his story, indicating that he had actually gone into his father’s room, by crawling on the floor, to try and rouse his father about the noise he heard. He indicated that he heard his father say something and then heard a bullet whiz by his head. He ran from the room, thinking his father had shot at him, ran to the front door, arming himself with the weapon that was always kept there and then ran back to his room, hiding under his desk while armed with the rifle.”

The 13-year-old changed his story again upon further questioning, “admitting that he had made a terrible mistake, indicating that after hearing noises in his father’s room, he had armed himself with a rifle at the front door and went to his father’s room. His father and fiancee were asleep, the room was completely dark and as he was standing in the doorway to the bedroom, the gun accidentally went off. He stated that the rifle bumped into something, which caused it to fire. After the gunshot, he fled to his room. He stated that he did not know if anyone was struck by the round.”

When the boy was questioned again about his positioning in the room when the gun went off, he again “changed his story, saying now that he had actually entered the room. Walking over towards the bed in the area where a television was located. He said he was actually standing by the television on the fiancee’s side of the bed when the rifle fired. He indicated that he had the rifle on his hip, with his left hand forward and his finger was in the trigger well and that he bumped into something, causing the rifle to discharge.” He said he then called his mother. “When his mother arrived, he jumped out his bedroom window and went to her car.”

The boy’s mother said she missed two calls from her son, at 10:32 and 10:36 p.m. She said she called her son back at 10:40 p.m., and told him she was on her way to the Delphi Road home. She said she attempted to call her ex-husband, but there was no answer. “She stated she did not know what was going on and did not call 911.” She said she remained outside with her son as he slept in her car.

Asher Jr.’s fiancee told sheriff’s deputies she missed a text from the 13-year-old, sent to her phone at 10:52 p.m. “It read ‘Sorry, I did something.’ There was additional information in the text that inquired if she was moving around and not to shoot and that he may have still been armed.”

In the 13-year-old’s final statement to deputies, he “confirmed that he had entered his father’s bedroom, armed with a rifle and fired a round in the direction of his father. He did not check on the welfare of either his father or his father’s fiancee before leaving the room and calling his mother. The rifle that Mr. Asher’s son indicated that he had armed himself with was always kept with the safety on.”

Thurston County Coroner Gary Warnock said Asher Jr.’s autopsy was performed Tuesday. He said Asher Jr.’s cause of death was a single gunshot wound to the head. His manner of death is a homicide, Warnock added.

Dixon said Tuesday that his client has no prior criminal history and he does not take any prescribed or non-prescribed medications. He characterized his client’s emotional state as “quiet, scared and confused.”

Dixon said he does not know if his client will make bail. He said he looks forward to reading all of the police reports that have been filed in connection with the case.

“All of the family members feel like this was an accident,” he added.

Jeremy Pawloski: 360-754-5445 jpawloski@theolympian.com