(CENTREVILLE) – A charge of murder has been dismissed against a 9 year old St. Joseph County boy.

Officials with St. Joseph County Family Division Court say Judge David Tomlinson made the ruling Friday afternoon. State law says the boy was presumed incompetent because he isn't 10.

The boy was originally charged with open murder and felony firearm in the May 6 shooting death of his adoptive mother Pauline Randol at the family's home at 68986 Plumb School Road. The St. Joseph County Sheriff's Department found Randol in the front room of the home where she had been shot with a rifle.

During their initial investigation, deputies were told by family members that the boy has a history of mental health issues and had just started taking some new medication. He had been raised by the Randol's since being removed from his mother when he was ten months old, due to her drug use.

St. Joseph County Chief Assistant Prosecutor Josh Robare told the court he fears that the child could kill again without proper treatment. Tomlinson agreed, and criticized a state law that bars him from ordering help for the boy.