MATTHEWS, N.C. — The high school freshman accused of killing a classmate inside Butler High School is set to face a judge this week.
Jatwan Cuffie,16, is still behind bars for the murder of 16-year-old Bobby McKeithen.
20 days ago, the two boys fought just before the start of class.
Police say Cuffie shot McKeithen as he was walking away.
Police said the gun a student used to kill a fellow classmate during a fight in a crowded school hallway was stolen out of Gaston County.
Officers said the gun was stolen from a vehicle, but they're still working to determine how the teenager came into possession of the weapon, according to an affidavit.
Cuffie was arrested quickly as investigators secured the campus at Butler High School in Matthews.
Jatwan Cuffie
Matthews Police Department Capt. Stason Tyrrell identified the suspect at a news conference as Cuffie, a 16-year-old ninth-grader. He is charged as an adult with first-degree murder and is being held in the Mecklenburg County jail.
Police said Cuffie shot and killed McKeithen, a 10th-grader at Butler.
Rick Winiker is a defense attorney who used to be a prosecutor with the U.S. Attorney's Office.
"It's a challenging case,” Winiker said. “We have not had a real rash of these kinds of incidents."
Winiker took a close look at the affidavit on the part of Matthews police, which details part of a statement from Cuffie that lays out what he says happened.
Cuffie said he got into a fight Friday and McKeithen was not involved, but he was there.
Cuffie told police at one point, "one of the other male subjects pulled out a knife."
Cuffie said he and his friend ran away.
If it can be proven a knife was used, Cuffie possibly has a self-defense argument, Winiker said.
"It puts the issue in play, definitely," Winiker said.
The teens argued over who won a fight between the two of them over the weekend.
They talked about meeting again for another fight.
Cuffie told police he was not interested, according to the affidavit.
Cuffie said he continued to get texts that the other teens wanted to fight him Monday at school. Before class that morning, Cuffie said he went to the woods to get his gun for protection.
The fact that he apparently had a gun at all could be a problem for his defense, Winiker said.
Cuffie told police even though he didn’t fight McKeithen in the initial fight, McKeithen walked up to him and punched him in the face in the hallway.
Cuffie said he grabbed the gun from his pocket and fired one shot, killing McKeithen.
Cuffie, the ninth-grade student charged as an adult with first-degree murder in the death of Bobby McKeithen, 16, appeared in shackles in Mecklenburg County District Court Tuesday.
Joel Adelman, a public defender, told the judge Cuffie had never been in any kind of trouble before.
“At number one, you can see he has no prior convictions, misdemeanors or felonies,” Adelman said.
Cuffie’s parents were in the courtroom and left without commenting, but Adelman said there’s reason to believe he had been bullied before the shooting.
“I think it's already out there that there were threats to him and that there was an issue of bullying,” Adelman said.
Cuffie said nothing when the judge asked him if he had any words.
Adelman asked Strickland to set Cuffie's bond at $10,000 and place him in his mother's custody at their home, saying Cuffie poses no threat to the community. Adelman also proposed the teen be placed under electric monitoring.
The judge said the issue of the bond would be addressed at a hearing scheduled Nov. 7.
Tuesday's hearing lasted about 10 minutes and Currie then was returned to jail, where he is being held without bond. Moments later, his family left the Mecklenburg County Courthouse without speaking to reporters.
"He's their son. He's their baby, he's 16 years old," Adelman said of the family. "And it's difficult for them, as it would be for any parent."
Police said preliminary autopsy results show McKeithen died from a single gunshot wound to the torso.
Bobby McKeithen
Students remained inside with the school on lockdown for about two hours after the shooting.
According to Tyrrell, a school resource officer was in the school cafeteria at 7:14 a.m. when he and security officers heard a commotion and encountered students running in an adjacent hallway. Tyrrell said the resource officer encountered the victim, tried to give aid and called for a school lockdown.
Within five minutes, a teacher notified school officials that she was with the student who committed the shooting, Tyrrell said, adding that the teacher said the student admitted to the shooting and was ready to surrender.
>> We had live continuing coverage of the chaos on campus. You can watch live updates on your Roku, Amazon Fire and Apple TV.
Charlotte-Mecklenburg Schools Superintendent Clayton Wilcox said the shooting appears to have stemmed from a case of bullying "that escalated out of control." Neither Wilcox nor Tyrrell said which student was being bullied.