Boy on trial over air rifle death

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A boy killed his 12-year-old friend after pointing a loaded air rifle at him to scare him, a court has heard.

Mitchel Picken died two days after he was shot through the eye with an air pellet at a friend's house in Stockton Brook, Stoke-on-Trent, Staffordshire.

The boy who fired the gun, now aged 13 but 12 at the time, asked Mitchel: "Are you scared?" The gun then went off, Stafford Crown Court was told.

The boy, who cannot be named for legal reasons, denies manslaughter.

A third boy, aged 13, at whose home the shooting took place, appeared as a witness via video link on Monday.

He said the three boys had been firing pellets out of his bedroom window into the back garden.

The defendant deliberately pointed the gun at Mitchel Picken, his finger was on the trigger David Jackson, prosecutor

But the defendant brought the weapon inside the room after loading it and pointed it at Mitchel.

"Mitchel was saying, 'Don't you could kill me', and he (the defendant) was laughing. He was going 'Bang, Bang, Bang," the witness said.

He said that as the boy turned away the gun went off and Mitchel collapsed holding his face.

Mitchel, from Baddeley Green in Stoke-on-Trent, died two later on 19 August 2006 after the pellet caused serious damage to his brain.

'Deliberate act'

David Jackson QC said the case would determine whether it was a tragic accident or unlawful killing.

He said the prosecution did not claim the defendant intended to kill Mitchel, but said he was responsible for his death.

"This is an incident that came about as a result of a deliberate act," said Mr Jackson.

"The defendant deliberately pointed the gun at Mitchel Picken, his finger was on the trigger and it was loaded.

"The prosecution say he is responsible for the consequences."

The trial continues.