One of the teens charged with capital murder in the death of 6-year-old Kingston Frazier could not have shot the child, his lawyer argued, because he was selling marijuana at the time. Dwan Wakefield Jr., 17, was charged with the murder in May after the child was found dead in the backseat of his mother’s car in Jackson, Mississippi.

“We can probably prove that he was not present in Madison County when the child was shot in this case because he was at a Wendy’s hamburger place on Northside Drive in Jackson, selling a $10 bag of marijuana to a young man,” his defense lawyer, Thomas Forner, said during a bond hearing, according to documents obtained last week by the Clarion-Ledger. “And that young man, his name and contact information was given to the police by my client. And my understanding is that the police have talked to him, and he does, in fact, confirm that my client sold him $10 worth of marijuana.”

Kingston’s mother left him sleeping in the backseat of her car early one morning in May as she ran into a grocery store. When she left the store, the car and Kingston were gone. Police found the child 15 miles from the grocery store later that morning, dead of multiple gunshot wounds.

Wakefield, alongside DeAllen Washington, 17, and Byron McBride Jr., 19, were all charged with capital murder. McBride was identified as the one who fired the gun, according to the Clarion-Ledger. All three were denied bond. Wakefield’s defense lawyer said Wakefield could be charged with accessory after the fact to murder instead of capital murder.

“There’s no definitive evidence at this point that he was an accomplice prior to the commission of the offense, and, in fact, his behavior since the incident occurred would indicate otherwise,” said Fortner. “He made efforts to turn himself in. He’s a confused 17-year-old kid who may not know exactly what to do, but he knew that he needed to turn himself into the police. He called someone he trusted, his godmother, to help facilitate that.”

Fortner said his client cooperated with police and gave a “detailed statement… corroborated by witnesses.”

“There is every reason to believe that ultimately, if charged in this case by a grand jury indictment, it would be as an accessory after the fact, not as a principal offender of capital murder,” Fortner said. “So it may well be that he’s currently held without bond when the most serious thing he may have done is acted as an accessory after the fact to capital murder, not as an accomplice or an accessory before the fact.”