The 14-year-old driver of a vehicle involved in an accident that resulted in the death a 12-year-old Niles boy will be charged as a juvenile.

Cass County Prosecutor Victor Fitz said on Monday his office authorized Brandon Burr, 14, to be charged with one count of reckless driving causing death and one count of moving violation causing death.

Fitz said his office looked at all the facts before deciding to charge the Niles boy as a juvenile and not an adult.

“The age and the lack of intent to kill were the two factors that had significant weight in the decision,” he said.

Larry Neumann, Burr’s grandfather, said he was glad to hear his grandson was going to be charged as a juvenile.

“At 14, I don’t think we are always thinking of what we are doing, so I understand that,” he said.

As for the charges, Neumann said he expected Burr would face some.

“There has to be consequences for the things you do,” he said.

Fitz said a court hearing would be scheduled for Burr at a later date.

Burr was driving a vehicle with his friend, Adrian Chiquito, 12, as passenger, in the early morning hours of Dec. 31. Burr lost control of the vehicle and crashed into a tree on Bertrand Road in Milton Township. Police said speed and road conditions contributed to the driver losing control of the vehicle and crashing into a tree.

Chiquito was pronounced dead at the scene, while Burr was transported to Memorial Hospital in critical condition.

Neumann said Burr isn’t fully recovered from the accident, but is well enough that he has returned home and to school.