LOUISVILLE, Ky. (WHAS11) -- Both sides have different opinions about what happened when it comes to the shooting of 12-year-old Jacob Eberle Monday night in the Glenmary subdivision of southeast Jefferson County.
“He’s had a lot of stomach distress, pain and vomiting. He had a GI tube inserted and so his comfort level has decreased substantially since yesterday,” said Bart McMahon, Eberle’s uncle.
In critical care at Kosair Children's Hospital is not where Jacob Eberle's family would have expected him to wind up when he left home to play in their neighborhood Monday evening.
Residents of that Glenmary subdivision wouldn't have expected, their neighbor Mike Bishop to be charged with attempted murder for shooting Eberle.
Bishop's Attorney Brian Butler says the attempted murder charge against his client does not fit - even though Bishop admits to firing his shotgun and critically wounding Jacob Eberle.
“It was an accident. He didn’t mean for this to happen, I can't believe it's happened. He's a good man. this is not some vigilante crazy person,” added said Brian Butler, Bishop’s Attorney.
Jacob Eberle's family thinks otherwise.
“Mr. Bishop was anticipating this was going to happen, had his shotgun, came out, appeared and racked his gun, the boys saw it, scared the heck out of them, they started running and then the gun shot was fired and shot Jacob in the back,” McMahon said.
With two very different opinions on what happened Monday night, we brought in a neutral party, Criminal Attorney Steve Romines, to shed light on how this case might play out in court.
We wanted to know if an attempted charge for Bishop is fair.
"It is not uncommon for them (police/prosecutors) to over charge. I don't know what the evidence is, but maybe they believe they have some sort of evidence that it was an intentional attempt to kill the kid," said Steve Romines.
Bishop's attorney says his client had been sleeping when he responded to what was going on outside his house - and not knowing who it was outside, felt threatened.
"What was in the defendant’s mind is going to play a large role in the case and how do you show that. Has he ever been a victim of a crime before? What was in his head? Stories he may have heard about break-in's," added Romines.
Bart McMahon says his family has heard some public criticism that Jacob was outside pulling pranks close to 10 p.m.
Romines says societal concerns about out of control teens and youth running wild these days may be a strategy for defending Bishop.
"Whether that's the case or not, you're always dealing with the cultural opinions and opinions of the general public when you're trying a case through a jury," added Romines.