PHILADELPHIA (CBS) – A teen accused of killing a father last year as his 2-year-old daughter sat in the car will not be tried as a juvenile.

The Philadelphia District Attorney’s Office says 16-year-old Marvin Roberts should be prosecuted as an adult for the murder of 38-year-old Gerard Grandzol.|

Police: 2 Brothers In Custody After Fairmount Man Is Gunned Down Protecting Daughter

Roberts allegedly shot Grandzol in September during an attempted carjacking.

His 21-year old brother, Maurice, is also charged.

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