Prosecutors Charge Youth With Murder in Shooting of Girlfriend : Courts: They say teen-ager should have known the potential deadly consequences of brandishing a gun.

A 17-year-old Thousand Oaks boy who allegedly killed his girlfriend while brandishing a handgun was charged with murder Friday by prosecutors, who said the defendant should have known the potentially fatal consequences of his actions.

But in an unusual move, prosecutors will not seek to have the youth tried as an adult, citing his lack of criminal history and their belief that he did not plan to kill the girl, Jacqueline Reay, 16.

“He has no juvenile record, and it’s clearly not a first-degree murder,” Deputy Dist. Atty. Donald C. Glynn said. “I think it’s appropriate that it remain in the Juvenile Court.”

Glynn, a veteran prosecutor of murder cases, acknowledged that the district attorney’s office has generally sought to try juvenile murder defendants as adults.

“This is the first time we’ve done that in a while,” he said of the decision to keep the case in Juvenile Court. “It was my suggestion.”

The victim died Wednesday after the boy shot her in the eye with a 9-millimeter semiautomatic handgun at point-blank range, police said.

The shooting shocked the Las Casitas neighborhood where it occurred and left mutual friends of the victim and the defendant with torn emotions. Some want authorities to seek a tough prosecution against the youth, while others believe that would accomplish little.

“Murder or involuntary manslaughter, it doesn’t really matter,” said Jamie Doney, who lives in the condo unit where the shooting occurred. “He had the gun. He knew better. He’s gonna serve time either way.”

But his sister, 15-year-old Deanna, said she thought murder was too harsh of a charge to seek in the death.

“It’s not fair,” Deanna declared. “It was an accident.”

Glynn said the boy had been displaying the gun and loading it and unloading it. Neighbors said he had been playing with the gun the day before, when it was unloaded, and pulled the trigger while holding it to a man’s head.

The youth is charged with one count of murder and two counts of brandishing a firearm. Glynn said prosecutors, who will seek a conviction of second-degree murder, expect to file additional counts against him.

“I think everyone would agree that pointing a gun at people and playing with it is a dangerous act,” the prosecutor said.

“He did it a number of times, and finally what happened is what you would expect to happen. Somebody got shot,” he said.

Authorities also revealed Friday that the handgun used in the shooting belonged to the boy’s father, a former police officer in Los Angeles County. The father, whose name was not released, was unaware that his son had possession of the weapon, Sheriff’s Lt. Craig Husband said.

“The information I’m given is he obtained the gun without his father’s permission,” the lieutenant said. A woman who answered the phone at the boy’s home declined to comment on the case. She said the boy’s father did not live there.

Glynn said the charge against the youth is based on the concept of implied malice. Under that principle, prosecutors do not have to prove the youth intended to murder Jacqueline Reay, Glynn said--just that the natural consequences of his actions were dangerous to human life.

The boy’s arraignment, which will be open to the public, is scheduled in Juvenile Court Monday at 8:30 a.m.

Friends of the defendant have said the shooting was accidental. But some friends of the victim’s agreed with prosecutors Friday that the defendant appeared to be asking for trouble by brandishing the gun.

Clustered in a listless group outside the Las Casitas condominium, Jacqueline’s friends simply shrugged when told of the charges filed Friday.

“Whatever (time in custody) they give him is good,” Michael Roman said, leaning against the condo bare-chested, his hair tied back in a black bandanna. “I hope he learns his lesson.”

Several teen-agers said they hoped for a light sentence and a chance at early release for him.

Fourteen-year-old Krista Lambert predicted he would have a difficult time being locked up.

“He shouldn’t have to stay in there for years,” she said, smoking a cigarette and twirling a long ribbon knotted in her hair.

Even though the suspect stands accused of murdering her best friend, Krista said she was eager to talk with him.

She has been friends with the boy for years and wants to “ask him why he even brought the gun in the house,” she said.