A judge has given permission for a mother who is in jail to attend the funeral of her son who was accidentally shot by his brother, sources say.
NEWARK -- A woman arrested after her 5-year-old son accidentally shot and killed his 4-year-old brother will be permitted to attend a viewing of the slain child.
Superior Court Judge Ronald D. Wigler on Thursday signed an order allowing 22-year-old Itiyanah Spruill to attend a private viewing for her son, who was killed last Saturday in the family's East Orange home.
The funeral for the child is set for Friday.
The 4-year-old boy who authorities say was fatally shot by his older brother in East Orange on June 26, 2016. ( Family photo)Spruill is being held on $310,000 at the Essex County jail in Newark, charged with endangering the welfare of a child and weapons offenses.
On Tuesday, a tearful Spruill sobbed when her attorney, Theresa Owens of the Public Defender's Office, said she would seek permission for Spruill to attend the funeral even though she was in custody.
Although the prosecutor's office indicated it might object to the request, Wigler said it was common for inmates to ask permission to attend funerals.
On Thursday, Essex County Chief Assistant Prosecutor Thomas Fennelly said prosecutors did not object to the motion permitting Spruill to attend the private viewing.
"A motion was made through the normal course for the defendant to attend the viewing. Consistent with the policies of our office, the state did not object for the mother to have a private viewing, transported by the Sheriff's Department and with proper security," Fennelly said.
The 5-year-old son was playing with his mother's gun about 11 a.m. last Saturday and shot his brother, Christopher Spruill, authorities have said. The wounded child was taken to University Hospital in Newark where he died about 4:25 p.m., they said.
Authorities have not released details about the type of gun the mother had or how she obtained it.
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