ATLANTA — A magistrate judge made a decision Tuesday on whether there was probable cause for a 16-year-old boy to continue facing three charges, including murder.
Mario Bailey, who was just 15, was shot and killed on Feb. 9 following a Tri-Cities High School basketball game, according to East Point Police. Police said his body was found outside, near the school grounds.
A day later, on Feb. 20, East Point Police announced it made an arrest and charged a juvenile with murder in connection with the homicide.
On Tuesday, the 16-year-old suspect appeared in court for a preliminary hearing. The victim's and suspect's families were in the courtroom while the state argued against the defense, both questioning the witness, an East Point Police detective, that there is probable cause for the three charges the juvenile faces.
The charges are murder in connection with a homicide, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
The judge decided that while there are holes in the state's case at this time, there is probable cause for all three charges the 16-year-old faces. An attorney told 11Alive the next step is for the District Attorney's office to decide if it will seek an indictment against the teenager.
Bailey's mom, Shanice, spoke with 11Alive's Molly Oak right after court adjourned. During the arguments, some evidence was presented, including a video that police said showed some of the final moments before Bailey was shot and killed.
"It was hard. I had to keep getting up, leaving because I almost couldn't breathe," Shanice said outside the Fulton County Courthouse.
Shanice said that while today was tough, it was a "good first step" toward getting justice for her son.
She said she hopes people remember him as "a beautiful soul."
"Like the sunshine," Shanice said with a smile while remembering her son. "Everybody loves it when the sun comes out. Everybody loves when Mario comes out."