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Defense Attorney: McKeesport BB Gun Shooting Was Accident

PITTSBURGH (KDKA) -- A judge did not reduce bail today for the man accused of shooting an 11-year-old boy with a BB gun in McKeesport last week.

Albert Clark, 31, was in court Monday for a hearing in connection with a May 24 incident near the former George Washington School playground on Summit Street.

Clark had nothing to say to reporters as he arrived at his hearing that was supposed to determine whether there was enough evidence to hold him for trial.

According to the criminal complaint, Clark shot the boy because he was upset that the victim had previously shot his 5-year-old child with a BB.

Witnesses told police Clark entered the playground and allegedly fired one time at the boy. When he missed, he fired a second shot, which struck the child in the chest.

The boy was critically injured with a BB lodged in his chest.

At today's hearing, defense attorney Phil DiLucente argued that the defendant's bail should be reduced because the shooting was accident.

DiLucente says the shots hit the boy, possibly as a ricochet from the ground, during an effort to locate and identify the gun and the boy.

"This is not an attempted homicide case. This is not an aggravated assault case. This is a case that was completely and utterly accidental," said DiLucente. "He, my client, did not mean to shoot this young man at any time in the chest area or anything like that."

However, the judge maintained a $250,000 bond for Clark.

The boy was just released from the hospital and did not attend the hearing.

The BB gun was never found.

Clark is facing charges of attempted homicide, aggravated assault, recklessly endangering another person and tampering with evidence.

His hearing was postponed until June 29.

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