DECATUR, Ill. (WAND) - Zachary Pherigo, the 17-year-old charged with the death of 2-year-old Justin Lee Murphy Jr. appeared in court on Wednesday morning. He entered a not guilty plea to murder charges.
Pherigo's mother and sister were in attendance at the preliminary hearing and both appeared emotional as the charges were read.
Police say Pherigo and the 2-year-old were playing outside and apartment on East Wellington Way on Oct. 14 around 8:40 a.m. When police arrived they found Murphy suffering from a gunshot wound.
The toddler was taken to Decatur Memorial Hospital. The coroner says the boy died at the hospital around 9:35 a.m. of a gunshot wound to the torso.
During the investigation, police searched Pherigo, with officers finding a spent .45 shell casing in his pants pocket. Pherigo was then taken into custody. Decatur police say Pherigo told detectives that he found a handgun lying on the ground behind a strip mall on North Woodford on Oct. 13, and that he took the gun to his home.
According to sworn statements, Decatur police officers say that Pherigo reported playing "cops and robbers" with Murphy, during which he retrieved the gun, took Justin to the ground, pointed the gun at Justin's right side, and told him "don't move." Decatur police also say that Pherigo admitted to pulling the trigger, not knowing the gun was loaded, resulting in Murphy being shot.
Police say a subsequent search of the residence resulted in the discovery of a .45 caliber hand gun.
Pherigo is charged with 1st degree murder. He's next court appearance is Nov. 17 for a pretrial hearing.
