JACKSONVILLE, Fla. – Police said a 15-year-old admitted to shooting and killing her older brother last month in Columbia County, but the state attorney said he may drop murder charges against the teenager and her younger sister because of a history of abuse in the home.
Misty "Ariel" Kornegay and her 11-year-old sister were arrested on charges of second-degree murder in the death of their 16-year-old brother, Damien Kornegay.
They are scheduled appear before at a hearing on Thursday, but State Attorney Jeff Seigmeister said they are likely to be released from custody at that time, although they'll likely to remain under some kind of state supervision until it's decided if either of them will be charged with a crime.
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"It's possible that I don't charge the younger one at all," Seigmeister told the Lake City Reporter. "The older child, even if I charge her, I recognize she needs education, counseling and assistance for issues that have occurred in her life."
Seigmeister said a history of family abuse will play a big factor in his decision.
Reports show the girls' uncle, who is now serving a life sentence, sexually assaulted the older daughter over a period of years.
The two girls' parents -- Keith and Misty S. Kornegay -- remain in jail, charged with child neglect for locking their older daughter in her her room for up to 40 days at a time with only a blanket and a bucket to use as a toilet.
Attorney Gene Nichols, who not affiliated with the case, said dropping charges due to abuse is rare, but does happen.
"It doesn't have to be one time of abuse or 100 times of abuse, if the abuse that these children have suffered from cause a psychiatrist to say these young people can't stand trial, they could not do anything," Nichols said. "This was the only response that they could possibly do, to try to get out of this situation, then that's when the prosecution will have to take that into account."
The girls' parents will will appear at a dependency hearing on Wednesday, at which a judge could decide to terminate their parental rights.
John Harrell with the Department of Children and Families would not confirm if DCF made such a petition in this case.
"In these types of situations where rights are terminated, you're talking about extreme abuse; you're talking about egregious abuse," Harrell said. "The children (are) obviously the victims. It's not going to be a situation with the family can be helped unfortunately."
The children's grandparents they told News4Jax they are still talking with DCF about getting custody of their youngest grandchild -- a 3-year-old who was in the house when Damien was killed. No decision has been made yet.