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A judge set bail Monday for a 13-year-old charged in the shooting death of an 11-year-old boy in Newburgh and imposed strict limits on who can access evidence in the case.
The teen appeared in Orange County Court, where the judge set bail at $500,000 cash, $1 million secured bond or $1.25 million partially secured bond at 10%, denying a request for the teen to be released on his own recognizance.
The defense attorney asked the court for a non-monetary release, citing the family’s lack of financial resources, and offered electronic monitoring as a condition of release. The judge denied that request.
The 13-year-old is charged with second-degree murder in the death of Matthew DeGroat, a charge that carries a potential sentence of up to life in prison. He is also charged with criminal possession of a weapon, tampering with physical evidence and menacing.
Matthew DeGroat’s family attorney, LaTanya Watkins, said the family was relieved by the judge’s decision.
“The family is very pleased that bail was set and that he was not granted the ROR that they were requesting,” Watkins said.
The judge also granted prosecutors a protective order limiting access to discovery, the evidence in the case. Under the order, the defense attorney may review the material, but it cannot be shared with the teen, his family or the public. The judge also restricted what attorneys can say publicly about the evidence, saying the case will be tried in court and not the press.
“We don’t want the matter tried in the public. We want it tried in court,” Watkins said.
Protective orders like the one issued in this case are commonly used in criminal cases involving minors, particularly when there are underage witnesses or sensitive evidence. New York law allows judges to restrict or condition discovery to protect the safety and privacy of children and to prevent the public dissemination of material involving juveniles.
Before Monday’s hearing, the teen’s defense attorney, Laisa Pertet, posted a video to Instagram describing her client and criticizing how the case has been handled.
“Let me tell you about my client. He is a mild-mannered but confident young man. He is beloved by his entire family,” she said in the video, adding that he enjoys fishing and spending time with his grandmother.
In the same video, the attorney said her client was “hastily arrested” and called for public oversight of the case.
“I invite and welcome every local official and civil rights leader to keep a special eye on this case and make sure my client receives his due process and that his constitutional rights are protected,” she said.
In court, however, the judge outlined a different set of concerns, noting the teen had been living in a hotel, had missed a significant amount of school in the weeks leading up to the shooting and had recently experienced a mental health crisis.
The judge also said some of the charges stem from a prior incident, where prosecutors allege the teen displayed the same firearm used in Matthew DeGroat’s killing to menace someone else days earlier.
Pertet declined to comment after court.
For Matthew DeGroat’s family, the legal proceedings come as their grief continues.
“The holidays are very difficult, but they are doing OK,” Watkins said. “We just ask people to keep them in their prayers. The tragedy continues for them.”
The 13-year-old remains held at a secure juvenile facility in Rochester and is due back in court in March.
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