Older brother of slain Menifee boy due in juvenile court Monday

1/23

Community members hold candles after a vigil for 11-year-old Terry Dewayne Smith, whose body was believed to have been found after an extensive search. (Gina Ferazzi / Los Angeles Times)

2/23

Community members gather after a candlelight vigil in front of the Menifee Market for 11-year-old Terry Dewayne Smith. (Gina Ferazzi / Los Angeles Times)

3/23

Friends, volunteers and community residents attend a candlelight vigil for Terry Dewayne Smith, 11, in front of the Menifee Market on Wednesday. Remains found Wednesday were believed to be those of the missing boy. (Gina Ferazzi / Los Angeles Times)

4/23

Search volunteers Ember Bridwell, left, with daughter Jaden Morrell, 9; Crystal Monk with daughter Sarah, 10; and Donny Moffitt with girlfriend Victoria Hammond attend a candlelight vigil for 11-year-old Terry Dewayne Smith in front of the Menifee Market on Wednesday. (Gina Ferazzi / Los Angeles Times)

5/23

A Riverside County sheriff’s investigator bags evidence at the Menifee home of 11-year-old Terry Dewayne Smith. (Irfan Khan / Los Angeles Times)

6/23

Search volunteers Kathy Jablecki, right, her daughter, Stacy Jablecki, left, and Tyler True (not seen) hug one another outside the Menifee home of Terry Dewayne Smith, the 11-year-old autistic boy missing since last weekend. (Irfan Khan / Los Angeles Times)

7/23

Riverside County sheriff’s investigators walk up the driveway of the Menifee home of 11-year-old Terry Dewayne Smith searching for evidence into his disappearance. (Irfan Khan / Los Angeles Times)

8/23

The Menifee home of Terry Dewayne Smith, an 11-year-old autistic boy missing since last weekend. (Irfan Khan / Los Angeles Times)

9/23

Riverside County sheriff’s investigators look for signs of 11-year-old Terry Dewayne Smith at his Menifee home. (Irfan Khan / Los Angeles Times)

10/23

Becca Smith, the mother of Terry Dewayne Smith, is surrounded by friends and neighbors during a prayer session at the volunteer center in Menifee. Terry Dewayne Smith, an 11-year-old autistic boy remains missing, despite the efforts of more than 100 volunteers and emergency workers who combed the hills of Menifee looking for the child. (Glenn Koenig / Los Angeles Times)

11/23

Volunteers gather before the start of a prayer session for Terry Dewayne Smith. (Glenn Koenig / Los Angeles Times)

12/23

Ashley Cathers hands out fliers on Scott Road in Menifee as the search continues for Terry Dewayne Smith. (Glenn Koenig / Los Angeles Times)

13/23

Fliers are passed out in the search for Terry Dewayne Smith. (Glenn Koenig / Los Angeles Times)

14/23

Volunteers pray for the safety of the lost boy as the search continues for Terry Dewayne Smith. (Glenn Koenig / Los Angeles Times)

15/23

Bill Gillette signs in as scores of volunteers lined up Tuesday morning to join the search for 11-year-old Terry Dewayne Smith, who was last seen Saturday. (Irfan Khan / Los Angeles Times)

16/23

Volunteers wait in line to sign up for the search Tuesday morning. (Irfan Khan / Los Angeles Times)

17/23

Tony Richuisa, left, Ciera West, Christina West and Brooke West search for Terry Dewayne Smith in Menifee. (Irfan Khan / Los Angeles Times)

18/23

Debi Velivis holds a sign at the intersection of Bundy Canyon Road and Murrieta Road with information about missing 11-year-old Terry Dewayne Smith. (Irfan Khan / Los Angeles Times)

19/23

Debi Velivis holds a sign by the side of the road asking passersby to help find Terry Dewayne Smith. (Irfan Khan / Los Angeles Times)

20/23

Molly Jenks searches on horseback for missing 11-year-old Terry Dewayne Smith. (Irfan Khan / Los Angeles Times)

21/23

Volunteers ventured out under blazing sun to look for missing 11-year-old Terry Dewayne Smith. (Irfan Khan / Los Angeles Times)

22/23

A group of volunteers searches an area near Terry Dewayne Smith’s Menifee home. The effort to find the missing boy has included search dogs, helicopters and dozens of volunteers. (Irfan Khan / Los Angeles Times)

23/23

Volunteers search rural areas of Menifee on Tuesday for Terry Dewayne Smith. (Irfan Khan / Los Angeles Times)

By Emily Foxhall

July 15, 2013 7:42 AM PT

The older brother of an autistic Menifee boy who went missing will be formally charged with his brother’s murder Monday, Riverside County prosecutors said.

The 16-year-old brother of Terry Smith Jr., 11, was arrested after his brother’s remains were found in a shallow grave near the family’s home.

The brother is due in juvenile court for a detention hearing Monday. Prosecutors will ask a judge to consider charging the brother as an adult at a future court date, prosecutors said.

Terry’s mother reported him missing the morning of July 7, prompting a four-day search that drew 1,000 volunteers and law enforcement personnel and spanned more than 55 miles. It ended early July 10 when volunteer Pam Ragland and her children found a body in the shallow grave near the boy’s home.

Authorities have said the 16-year-old half brother, whom The Times is not identifying because he is a minor, was the last to see Terry. Riverside County Sheriff’s Deputy Alberto Martinez said the teen told his mother he went for a walk to a nearby market on the evening of July 6, found his younger brother was following him and told him to go back home.

Some family members expressed disbelief at the developing news.

“The boys didn’t even disagree,” said Paula Smith, Terry’s aunt. “Other than the normal ‘leave me alone,’ the normal kid stuff, there was no violence ever. It wasn’t allowed over there, so I don’t understand this at all.”

ALSO:Garcetti urges calm as Trayvon Martin protests block traffic

Police declare unlawful assembly in Hollywood; make arrests

Trayvon Martin verdict protesters march on Hollywood Boulevard

[email protected]