12/16/2013 06:50 EST | Updated 02/15/2014 05:59 EST

Dorval teen who killed brother asks for holiday release

The youth from Dorval who killed his older brother in January will find out this week if he'll be released on bail in time for the holidays.

The boy, who is now 13 years old, pleaded guilty in September to criminal negligence causing death in the January 2013 shooting of his 16-year-old brother.

He was 12 years old at the time of the death. 

It will be about six weeks before the court gets the teen’s psychological assessment, which it needs in order to proceed with sentencing.

His lawyer, Isabel Schurman, asked the court to release him for the holidays pending sentencing.

Youth court judge Guy Lecompte will hand down his decision on this request Wednesday afternoon.

Schurman asked the court today to release him into the care of family members for the holidays on humanitarian grounds, citing that he has been in closed custody for the past 11 months.

A cousin of the teen has proposed the court allow him to stay with her and her family.

Schurman said letting the teen by with family for the next month and a half while he awaits the results of the psychological assessment will help him and his family with their mourning.

Crown prosecutor Marie-Claude Bourassa said nothing has changed since the last time a judge refused the teen bail.

“We’re still of this opinion… that he should be detained awaiting sentencing,” Bourassa said.

The teen also pleaded guilty to shoplifting and armed robbery.