Tyler Aaron Gibbens, 15, will be arraigned in front of Fifth District Judge John Davis at 10 a.m. next Tuesday on a charge of open murder in the shooting of Anthony Risko, 12, on June 8.

Open murder includes the charges of first- and second-degree murder as well as voluntary and involuntary manslaughter.

Gibbens was arrested at his 3951 W. Windsong Lane home after sheriff's detectives determined earlier statements that Risko died of a self-inflicted or accidental gunshot were false.

Juveniles charged with murder are automatically tried as adults in Nevada.

After a preliminary hearing last Friday, Gibbens' bail was increased to $250,000, at the request of the Nye County district attorney's office. Bail was originally set at $10,000 after his arrest.

Chief Prosecutor Kirk Vitto, in his closing arguments Friday, talked about Gibbens' understanding of the consequence of his actions.

"At best, he was being a tough guy bully to an 11-year-old on his 12th birthday," Vitto said.

"The natural consequences of aiming a gun at the head of a person and pulling the trigger is death, should that gun be loaded," Vitto said. "The evidence supports the position that he pulled the trigger on a gun he had just loaded."

Vitto argued that all the premeditation necessary to support a first-degree murder charge against Gibbens was the time it took to raise the gun level with Risko's head and pull the trigger.

He said Gibbens held the gun to Risko's head for perhaps 10 seconds and asked him if he was ready for the day of his birth to be the day of his death.

Risko ducked, according to Vitto, cried, held his hands up in a defensive posture and said "Stop, it might be loaded." Another juvenile, Duston Oliver, repeated the command to stop and said there was always a bullet in the weapon's chamber.

Vitto said Gibbens loaded the rifle prior to pointing it at Risko, pulled the trigger, then wiped the fingerprints to hide the evidence. He then hid the clip and persuaded his friend to lie about the incident to sheriff's investigators.

"This was, at least, a conscious disregard of a substantial risk demonstrating an abandoned and malignant heart," Vitto said.

Vitto sought to refute the position of the defense, that it was an accident.

"Why didn't he check before kidding around, and not, checking in the face of such a substantial risk is an utter and complete disregard for what society demands and is therefore wanton conduct for which he should be held accountable on an open murder charge."

Vitto admitted the jury could find Gibbens didn't have a specific intent to kill and find him guilty of second-degree murder.