The suspect, Jacob Olvera, turned 18 just eight days after the Feb. 7 incident.

Olvera is now charged with Criminal Recklessness Committed with a Deadly Weapon, a Level 6 Felony, two counts of Possession of a Machine Gun, as Level 5 Felonies, and Dangerous Possession of a Firearm by a Child, a Misdemeanor.

He does not have an upcoming court date at this time.

On Feb. 7, Mishawaka police responded to a home on Taylor Street for a shooting.

Police arrived to find Burks dead from a gunshot wound in the basement.

Court documents reveal a handgun was found on a bed in the basement bedroom, along with a spent cartridge being found under Burks. Both items were collected as evidence.

Through the investigation, police determined Olvera, 17 at the time, was present in the home earlier that day and was dating the victim's sister at the time.

The victim's family told police Olvera had brought a firearm into the home and told multiple occupants, including juveniles, that it was a BB gun. The victim's mother stated she didn’t know a real firearm was in the home and never consented one to be present.

Further interviews revealed Olvera had brough the firearm to the home a week prior to the incident, stating it was a toy.

The day of the incident, Olvera brought a backpack, described by Olvera's girlfriend as heavy. The backpack was placed under a table in the girlfriend's basement bedroom.

Witnesses say later that day, Olvera, his girlfriend, and her grandfather left the home to go to a store, leaving Burks and another juvenile at the home. Burks was shot shortly after.

The victim's mother said after finding Burks, the other child may have touched or moved the gun before police arrived, which authorities say is consistent with it being found on the bed instead of in Burks' possession.

Olvera was interviewed and denied bringing a real firearm into the residence, admitting only to bringing a BB gun on a separate occasion. Investigators told him the firearm was not a BB gun and did not belong to the grandfather.

Olvera also denied handling the gun used in the shooting and police say he was unable to explain how it came to be in the basement bedroom.

Olvera then invoked his right to counsel and questioning ceased.

In addition to the found firearm and spent cartridge, officers recovered and placed into evidence multiple items recovered from home and containers under the control of Olvera, including a handgun, 9mm ammunition, an AR-15 lower receiver, a firearm conversion switch, magazines, and related firearm components.