A 17-year-old who’s accused of pulling a gun out of a bag hours before the mass shooting in which two people were killed and 28 others wounded in Baltimore will face trial as an adult, a judge ruled on Wednesday.

Baltimore Circuit Judge Charles M. Blomquist made the decision at the end of a hearing at the Baltimore City Juvenile Justice Center. The Baltimore Banner filed a motion to intervene to gain access to the court proceedings, but the judge denied that request.

The teen is charged with possession of a regulated firearm or ammunition by a minor and related offenses. The Banner is not identifying him because of his age.

His attorney, Michael Clinkscale, said he plans to appeal the ruling.

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Clinkscale previously told reporters that his client had a toy gun and was among those wounded in the shooting, which happened after 12:30 a.m. on July 2 at the Brooklyn Homes housing project. Hundreds of people had gathered for an annual celebration called Brooklyn Day that featured pony rides, dancing and snowballs.

Aaliyah Gonzalez, 18, an honors student who recently graduated from Glen Burnie High School, was pronounced dead at the scene. Meanwhile, Kylis Fagbemi, 20, a forklift operator at Amazon and Kohl’s who aspired to become a traveling ultrasound technician, died at a hospital.

Baltimore Police later released a 173-page report detailing its internal investigation into the case, which revealed that there was officer indifference and a system of failures that prevented the city from acting in the hours before the shooting.

In a statement at the time, Mayor Brandon Scott called the arrest “a signal that with the community’s help we can get justice for Aaliyah, Kylis, and everyone who has been impacted by this tragedy — and Baltimoreans have my word that we will not rest until we do.”

Law enforcement has made four arrests in the shooting.

The teen is being held without bail in the Youth Detention Center, according to jail records.

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