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New charges suggest Norfolk dad's alleged killing of son was accidental

A Norfolk father cried, once again, as he faced a judge on charges related to the death of his 4-year-old son.

NORFOLK, Va (WVEC) -- A Norfolk father cried, once again, as he faced a judge on charges related to the death of his 4-year-old son.

During the short hearing on Thursday, Rayvon Messer waived his right to a preliminary hearing. This time, it was on amended charges from the prosecution.

Messer was previously charged with 2nd Degree Murder, but it was dropped. Prosecutors moved forward with Felony Homicide and Felony Child Neglect.

"We consider it a narrowing of the issue," said Andrew Sacks, Messer's attorney. "We consider it a characterization much closer to what really happened,"

The father is accused of shooting and killing his son, Rayvon Messer Jr. back in April of last year.

Prosecutors originally said he had intended on killing his son that night, but his defense said that's not the case.

"He believes, absolutely, it was an accident he did not shoot his son," Sacks said.

The code for the amended felony homicide charge states, in part, "The killing of one accidentally, contrary to the intention of the parties..."

Family members were hoping for more answers in the short hearing, like "How?" this alleged accident happened.

"It must not be the right time for me to get the answers to why my baby was taken," said Angela Green, Rayvon's grandmother. "He was four. That's the hard part to get over. He was so young."

The evidence will go before a grand jury on March 7th.

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