OAKLAND -- A 14-year-old boy police accused of killing his sister and hiding from authorities for nearly a week was charged in juvenile court on Thursday, a day after his family stood with him as he surrendered to police.

Alameda County assistant district attorney Teresa Drenick, citing laws surrounding juvenile defendants, would not disclose what charges were filed against Mario Toliver Jr. but said he will appear before a juvenile judge on Monday.

Police said the teenager fatally shot his sister, 17-year-old Justice Toliver, on Jan. 23 in their fifth-floor apartment in the 800 block of Franklin Street. The sibling's grandmother and Justice Toliver's 2-year-old daughter were home at the time of the shooting. The gun used in the slaying has not been found, according to police.

A woman who said she is a relative of 14-year-old murder suspect Mario Toliver Jr. checks her mobile phone outside her Oakland, Calif., apartment building,
A woman who said she is a relative of 14-year-old murder suspect Mario Toliver Jr. checks her mobile phone outside her Oakland, Calif., apartment building, Wednesday, Jan. 29, 2014. The boy, accused of shooting his 17-year-old sister last weekend, turned himself in to Oakland police earlier in the day. (D. Ross Cameron/Bay Area News Group) (D. ROSS CAMERON)

After the shooting, the 14-year-old went into hiding, while the family and the boy's attorney, Adante Pointer, worked with police to try to arrange a peaceful surrender. Pointer told police the boy would turn himself in Friday, but he never materialized.

On Tuesday, Oakland police conducted a search of an apartment on Eighth Street in the Acorn housing complex in West Oakland, an area where Toliver has ties. The boy was not there, police said.

At about 1:25 p.m. Wednesday, Sgt. Mike Gantt said he received another call from Pointer, saying the teenager would be brought to police headquarters. One hour later, Gantt handcuffed the teenager as he tearfully said goodbye to several family members, including his father and grandmother.


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Family members have not discussed the boy's whereabouts during his six days on the lam. In an interview Tuesday, the boy's father, Mario Toliver Sr., said the boy loved his sister.

"He's not armed and dangerous. He's a child," he said after the arrest. "They were putting things out there to try to hurt my baby. I just stopped crying from letting go of my son. I didn't want to let go, but I had to do what's best."

The teenager did not make any comments to investigators who questioned him on Wednesday evening, Pointer said.

"They are serious allegations," Pointer said. "This is a 14-year-old boy that we are talking about here.

"There'll be an opportunity to tell his side of the story and we look forward to that day. Right now it's more important to be focused from our perspective in making sure the integrity of the process is maintained."

Staff writer Malaika Fraley contributed to this report. Contact Harry Harris at hharris@bayareanewsgroup.com. Contact David DeBolt at ddebolt@bayareanewsgroup.com.


Justice Toliver, 17.   (Family photo)
Justice Toliver, 17. (Family photo)