A Madison County Justice Court judge on Monday ruled in a preliminary hearing to send the case involving three teens charged in the killing of a six-year-old in Gluckstadt to a grand jury.

Six-year-old Kingston Frazier was shot on May 18 in Gluckstadt after he was found in a car stolen from the Kroger parking lot on frontage road in Jackson.

Byron McBride, 19, is the reported trigger man. He was joined by D’Allen Washington and Dwan Wakefield, both 17, who are also charged with capital murder based on their knowledge of the car theft, kidnapping and murder.

Justice Court Judge Bruce McKinley presided over all three hearings.

Testimony was heard from MBI investigator Trent Weeks who said that at the time they had the statements of both Wakefield and McBride they believe McBride stole the vehicle with the child inside and drove it to Madison County where the child was killed.

Weeks said that, based on Wakefield’s statement, McBride said that there was kid in the stolen car, a Toyota Camry. The three arrived at the Kroger in a silver Honda Civic. Video evidence at the Kroger store shows a black male with short hair get out of a silver car, approach the car which was stolen, return the original car and lean inside the vehicle then and return to the Camry that was stolen.

Weeks said based on his investigation the three were originally at the Kroger parking lot to sell marijuana to an unnamed individual. He said McBride was going to take the car to Holmes County.

Wakefield said he had received a call from McBride saying he was going to “off the kid” and dispose of the stolen vehicle.

Weeks said that while McBride took the car to Madison County, Wakefield and Washington drove to the Wendy’s on Hanging Moss and Northside Drive to sell a bag of marijuana.

Weeks said security footage from the Wendy’s and a Shell Station on Hanging Moss appears to show a vehicle matching the one at Kroger.

Wakefield said they picked up McBride at the scene where the car and body were found.

Weeks said that McBride initially said that it was Washington who killed Frazier, but later admitted to the murder.

Weeks said that evidence, including tests for gunshot residue and cell phone records, were still being collected by MBI and the Hinds County Sheriff’s Department.

Madison County District Attorney Michael Guest, present with County Attorney Pamela Hancock, said after the hearing that they are still collecting evidence and he could not comment on whether the charges against Washington and Wakefield could be reduced.

“We will try to analyze each piece of evidence and see how that fits with all the other evidence that has been gathered and collected and make charging decisions at that point,” Guest said after the hearing.

Guest said he expects the trial to go in front of a grand jury in August or September.

Tom Fortner and Warren Martin, attorneys for Wakefield and Washington respectively, both contended that there was not sufficient evidence to hold their clients without bond until a grand jury could convene.

“My client is being held without bond, his face is on television and he is charged with murder,” Martin said.

He said that his client did not own a cell phone and challenged that the only point of evidence involving Washington in this charge was Wakefield’s testimony. He was admonished several times by Judge McKinley for being unnecessarily argumentative with Weeks.

Fortner also asked that the judge set bond for his client. In his request he said that it was clear to everyone in the courtroom that the investigation would prove McBride guilty, but said that they had “no credible evidence” to convict his client of capital murder.

“My client didn’t participate in killing that child and he didn’t encourage anyone to kill that child. That’s what I do know,” Fortner said.

He argued that his client should be allowed the opportunity to post bond.

“I ask that you set a reasonable bond with any stipulations whether that be house arrest or a monitoring device,” Fortner said.

In both cases, McKinley denied bond, although he said that they could ask for a bond hearing at a later date.