Youth Is Barred From Slain Sister’s Funeral : Crime: A judge holds that a boy, 14, can not attend rites for his sister, 12, whom he is accused of murdering. Prosecutors say he has a history of violent behavior.

A Juvenile Court judge Tuesday denied permission for 14-year-old Richard Hubler to attend the funeral of the 12-year-old sister he is accused of murdering. Prosecutors revealed that the boy has a history of violence and was on probation at the time of the crime.

Police arrested Richard Hubler at his Anaheim Shores home after the wounding of Gema Marie Hubler Thursday. Police allege that the boy initially told them that his sister had been shot during a break-in by three masked men.

But there were inconsistencies in his story, police said, including the fact that he had not called for help promptly. Paramedics found the unconscious girl covered by a blanket, with her head wrapped in bandages.

Gema Marie remained comatose with a head wound and died Monday when she was removed from a life-support system. Her brother was charged with murder that afternoon.

The blond, lanky youth was kept in handcuffs during a detention hearing Tuesday at which Orange County Juvenile Court Judge C. Robert Jameson explained the charges against him. Hubler will be tried as a juvenile because he is under 16. If convicted of murder with a firearm, he could be held by the California Youth Authority until he is 25.

The judge denied without elaboration a request by Hubler’s attorney, Deputy Public Defender Sharon Petrosino, that Hubler be permitted to leave Juvenile Hall to attend Gema’s funeral on Friday.

Petrosino said the request was on behalf of the boy’s father, but his parents were not in the courtroom.

Prosecutors said they had not been consulted about the funeral but would have been against Hubler’s attending had they been asked.

“It would seem ironic that a person charged with murder would be allowed out of custody to go to his victim’s funeral,” said Deputy Dist. Atty. Brent F. Romney. “If in fact he murdered another person, that would be wholly inappropriate.”

Deputy Dist. Atty. Martin G. Engquist said Hubler was on probation for another offense at the time of the shooting. He added that the youth could be dangerous to others and should be kept in custody until his trial.

“He has committed past acts of a violent nature, and the violence in this case certainly speaks for itself,” Engquist said.

Engquist and Romney declined to elaborate on Hubler’s record, and his attorney did not return telephone calls to her office on Tuesday. The boy’s parents, James and Marie Hubler, have declined any comment.

Gema was a bright sixth-grader who excelled in science, while her brother was on the brink of dropping out of eighth grade, according to classmates and school records.

Hubler’s detention hearing will resume July 5.