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Luke Andrews chooses not to testify, closing arguments set for Tuesday

DAVENPORT, Iowa - Both the prosecution and the defense have rested their case in the trial of the 13-year-old boy who brought a gun to North Scott Junior High School last year.

Luke Andrews is charged with attempted murder, assault while displaying a dangerous weapon and carrying weapons on school grounds.

On Monday, prosecutors called their final witnesses to the stand.

Two of the witnesses were already heard from last week and all four of the witnesses that testified on Monday were Eldridge Police officers who played a role in the investigation of the incident in question.

Andrews is said to have brought a loaded pistol to class.

Witnesses say he pulled the gun out, pointed it at a student teacher, then at his teacher.

They say he pulled the trigger.

Some witnesses have testified that they heard a clicking sound when the trigger was pulled.

However, during cross-examination on Monday, a police officer who testified about the weapon Andrews used told the court that there would be no clicking sound if the safety was on.

Instead, the officer said that an audible click would be heard if the magazine is in the gun but no round is chambered. He said the safety would need to be disengaged to hear that clicking sound.

The defense is trying to argue that Andrews never pulled the trigger. They argue that Andrews brought the gun to school to gain attention.

Prosecutors say the teen should be convicted of attempted murder.

Andrews did not take the stand in his own defense when given the opportunity on July 15.

The judge questioned him to make sure he understood his right to make an independent decision about testifying.

"At this point you have chosen not to testify in this case? Correct?" asked Chief District Judge Marlita Greve.

"Yes, Your Honor," replied Luke Andrews.

The judge then asked, "Has Ms. Thwing or Ms. Brandt or anybody forced you or do you feel any pressure from anybody that you should or should not testify?"

"No, Your Honor," said Andrews.

The defense did make a motion asking for a judgement of acquittal on July 15.

The motion was denied by Judge Greve

Closing arguments and jury deliberations are now set for July 16.

Andrews is being charged as a youthful offender in adult court.

If convicted, Andrews could spend the rest of his childhood in a juvenile detention center.

Then, just before his 18th birthday, a judge would review the case.

At that point, the judge could re-sentence him or discharge him.

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