Defense council Rick Dall sought the release of 13-year-old murder suspect Morgan Barner into protective custody at a detention hearing Sept. 29.

Wallowa County Judge Russ West denied the request, pointing out the absence of the boy’s mother and the community members who had volunteered to monitor the boy.

But at his next hearing on Oct. 12, the prosecution will have to give evidence to prove the Wallowa boy should remain in detention, said Wallowa County District Attorney Dan Ousley. This will give the public the first glimpse of the case against Barner.

“These are serious charges, I admit, but he has no history of violent or aggressive behavior and this needs to be factored in,” Dall said, adding he has never been referred to juvenile court or had behavioral problems at school.

Ousley said he has not received the autopsy report and the decision whether to try Barner as an adult has not been made.

State juvenile law requires a detention hearing every 10 days. The prosecution will have to prove there is no less restrictive way to prevent Barner from being a threat to himself or to the community and there is probable cause for the murder charge.

At the next detention hearing, the defense will present testimony from his mother and pastor who have volunteered to accept custody of the youth. Dall said they are flexible as to the terms of house arrest. Dall, who resides in La Grande, also said the distance between him and his client makes it difficult for him to provide an adequate defense.

“He’s scared and misses his family so we are trying to get him out. A lot of information needs to come out in this case before we can jump to conclusions. In the meantime, we want to see him home with his family,” Dall said. The Wallowa youth is being held at the Oregon Youth Detention Center in Pendleton under a delinquency petition, which replaces a formal charge for a juvenile.

Barner was arrested on Sept. 15 for the alleged murder of 44-year-old Frank Eckel. The body of the Wallowa man was found Sept. 11 with a single .22 caliber gunshot wound to the chest.