A Broward County judge told prosecutors Tuesday he doesn't think an elderly man who shot a 12-year-old boy probably shouldn't be in jail, but still denied the man bond.
Judge John Hurley said his hands were tied as far as granting bond for 79-year-old James McIvery, who is accused of shooting a pre-teen who had been harassing him.
The boy was shot in the stomach and is currently in the hospital in stable condition. McIvery has been charged with aggravated battery with a deadly weapon, a first-degree felony.
"I am not sure as a judge that being in jail is best for him," Hurley said. "This is a first-degree felony and the court does not have discretion to give bond."
Prosecutors said the boy's family would not budge on any deals that would allow McIvery to get out of jail before trial.
Melissa McNeil, McIvery's attorney, argued her client is not a flight risk, has diabetes and should be given bond based on his health and age. He also takes care of his daughter, who has a mental disability.
Hurley ordered another bond hearing scheduled, but the date has not been set yet.
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Since the Sunday incident, McIvery has been seen by some in the community as a sympathetic figure.
According to Fort Lauderdale police, McIvery was inside his apartment, when a group of neighborhood kids kept knocking on his door. McIvery told detectives he asked the kids to leave him alone, but the harassment continued.
McIvery's neighbors said the children harass him all the time.
The constant tormenting may have caused the man to snap, said Dr. Meline Kevorkian, a professor at Nova Southeastern University who specializes in teen bullying.
"You have to remember that when people are being bullied, being harassed we do not know their mental state," she said. "We do not know how much they can take until they do something that might not be in their character."
The elderly man allegedly stepped outside and fired two shots toward the ground, a police report stated. One of the bullets hit the boy in the abdomen, police said.
Mcivery said he fired the gun to scare the children.
Dr. Michelle Gagnon-Blodgett, the director of geriatric clinical services at Nova Southeastern University, said many elderly feel powerless because of their age and think they have no choice but to fight back.
"He has had so many stressors in his life that he has no control over," she said. "He cannot get rid of his diabetes. He can not improve his health, his age. He can't get rid of his daughters disability. Maybe he can get these kids to stop harassing him."