A Homestead teen, who is charged with fatally shooting Lourdes Guzman, 13, in front of her younger sister and several other students while riding the bus to school Tuesday morning, waived his right to appear in court on Wednesday.
The public defender for Jordyn Alexander Howe, 15, argued on Wednesday the State violated the 24-hour policy, which says a juvenile must face a judge within 24 hours of being detained.
Howe was detained around 7 a.m. on Tuesday but was not arraigned until 9 a.m. on Wednesday, so the public defender argued he should be released to his parents.
Prosecutors argued Howe was not arrested until 5 p.m., which makes him well within the parameters of the 24-hour rule and should be kept behind bars with no bond.
The judge will hold a future hearing to address the issue.
Alexander was taken into custody at the scene in Homestead and later charged with manslaughter and carrying a concealed firearm.
Police said the shooting appears to be accidental.
"It does appear to be an accident. He did have a gun, he was handling the gun and there was a discharge of the weapon," said Miami-Dade Police Det. Roy Rutland, on Tuesday night.
Tuesday night, police said Howe had smuggled a handgun onto the bus inside a bag, and while showing it somehow fired it.
"He had it in some sort of bag, removed it, and that's when the weapon killed this girl," said Det. Rutland.
"Are his parents facing any charges?" asked Local 10's Ross Palombo Tuesday night.
"No, it doesn't appear that way," said Det. Rutland.
Homicide detectives questioned Howe at Miami-Dade Police Department Headquarters, and then transported him to a Juvenile Assessment Center. His family and the victim's family were also at the police department earlier on Tuesday, but were being kept in separate areas.
Guzman was shot in the area of SW 296th Street and 137th Avenue about 6:45 a.m.
According to Miami-Dade County Police, the girl was riding in a private, chartered school bus when the shooting occurred.
Zabaleta said Guzman, a student at Palm Glades Preparatory School, was airlifted to Miami Children's Hospital, where she died. Four Miami-Dade Police officers were at Miami Children's Hospital shortly after the shooting.
The bus was carrying eight other students from three different charter schools -- Somerset Academy Silver Palms, Summerville Charter School, and Palm Glades Preparatory Academy. Among those other students was Guzman's 7-year-old sister. That girl attends Summerville Charter School. None of the other students were injured.
Police took the children and the bus driver to a police station to be interviewed.
"You got to realize one thing, we're dealing with small children, so the questioning process is going to be a lot different. Children, they're already shaken up from what they just witnessed and on top of that you have no question them so this is going to take a slow and tedious process," said Zabaleta.
Most of the children were released Tuesday afternoon to their parents.