A 17 year-old accused of capital murder will now be tried as an adult. A Lubbock judge made that decision Tuesday in a pre-trial hearing for Gabriel Gonzales. Police say Gonzales was 16 when he shot and killed 21-year-old Colin Schafer at an ATM on August 14th. Police arrested him nine days later on his 17th birthday. According to Texas law, Gonzales cannot be given the death penalty because he was 16 when he allegedly committed the crime, but he can receive life in prison.
Assistant District Attorney, Matt Powell says Gabriel will be arraigned later as an adult. He is also charged with assault and robbery charges.
Gabriel's cousin, 19-year-old Joe Gonzales, is also charged with capital murder. Joe could face the death penalty if he is convicted.