This was said during opening remarks by the State in the case against Jerome Cupido, who is accused of killing the boy. Cupido also faces two counts of attempted murder, the unlawful possession of an unknown amount of calibre 9m cartridges and contravention of the Prevention of Organised Crime Act. He has pleaded not guilty.
The State argues that he is guilty of these charges. Cupido has already pleaded not guilty to the charges before acting Judge Hayley Slingers in the Western Cape High Court.
The boy was killed on April 26, 2018, in what is believed to a drive by shooting in Short Streets. It is alleged that three unknown occupants in an open bakkie drove into Short Street, opened fire wounding the 12-year-old boy. He died on the scene while the other males Samuel Brown and Clint Scholtz who were also wounded were rushed to hospital.
The indictment indicates that if the Court finds that the accused was a member of a criminal gang at the time of the commission of the offence, such findings shall be regarded as aggravating circumstances for sentencing purposes.
The case will resume on Monday, September 30.