The youngest of the three US teenagers accused of murdering Australian Chris Lane has been offered a "sweet deal" to become a prosecution witness despite credibility issues, a lawyer told an Oklahoma court.
In a heated exchange with District Attorney Jason Hicks at the end of a two-day preliminary hearing on Wednesday, the veteran lawyer Jim Berry said evidence showed Mr Lane's death was not premeditated.
"It was an accidental shooting," Mr Berry said.
Judge Jerry Herberger disagreed.
The judge ordered Mr Berry's client, Chancey Luna, 16, and another co-accused, Michael Jones, 18, to stand trial.
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"There is sufficient probable cause to believe the crime of first degree murder was committed," Judge Herberger said.
The fate of the final member of the trio, James Edwards, who was 15 on August 16 last year when Mr Lane was fatally shot in the back while jogging along a Duncan, Oklahoma, street is not so clear.
Mr Hicks has said a deal with Edwards, who was the star prosecution at the hearing, has not been agreed to.
Edwards is also charged with first-degree murder, which carries a maximum sentence of life in prison without parole, but is hoping by testifying for the prosecution it will be replaced with a lesser count.
"Mr Edwards has slipped out of a murder one charge with a sweet deal," Mr Berry said.
Edwards testified he was in the front passenger seat of a Ford Focus driven by Jones, Luna was in the back seat and in the distance he could see Mr Lane jogging on the side of the road.
Moments later the car swerved, Luna fired a shot from a gun, the car sped off and Luna later commented that he thought blanks were in the .22 revolver, Edwards said.
"His credibility is in serious jeopardy," Mr Berry said of Edwards.
Luna's mother, Jennifer, agreed telling reporters Edwards was just trying to save himself.
Ms Luna said her son told her Edwards was "lying" on the witness stand.
"I'm real angry and he (Edwards) knows I'm angry," Ms Luna said.
The hearing also heard the testimony of Heather George, an employee at the Stephens County Jail where Luna, Edwards and Jones were held after their arrest.
On August 23 Ms George said she heard a conversation between Jones and another prisoner, Michael Ray.
"Why did you have to shoot an Australian? Why didn't you drive and shoot somebody else?" Ray, according to Ms George, asked.
Ms George said Jones replied: "We tried to shoot several other people, but we kept missing".
Mr Berry, and his cousin Howard Berry, who is also defending Luna, were surprised to discover on Wednesday they had been charged with contempt of court after talking to reporters about the case last month.
A gag order had been placed on the lawyers and prosecutors involved in the case.
The Berrys, who are cousins and have 90 years' legal experience between them, entered not guilty pleas and will appear in the Duncan court on April 8.
"The gag order, as far I'm concerned, we did not violate it," Howard Berry said.
Luna and Jones will be arraigned on March 20.
Edwards' preliminary hearing is set for May 13.
