OAKLAND -- A 14-year-old Oakland boy accused of fatally shooting his 17-year-old sister has a history of threatening behavior, a prosecutor said at the boy's first court appearance Monday.

Mario Toliver Jr., is charged in juvenile court with murder with personal use of a gun and three gun possession counts in connection with the Jan. 23 slaying of his sister Justice Toliver, the mother of a toddler.

Authorities say the boy, father of an infant himself, shot Justice once in the chest during some kind of argument at their home in the 800 block of Franklin Street and then fled, only to turn himself into police sixdays later.

Family members said 17-year-old Justice Toliver, mother of a two-year-old daughter, was shot and killed in her family’s Chinatown apartment Thursday afternoon.
Justice Toliver, mother of a two-year-old daughter, was shot and killed in her family's Chinatown apartment. Her younger brother is being charged with the Jan. 23 slaying. (Courtesy of Marianna Gaston)

The boy appeared at detention hearing before Commissioner Mark Kliszewski on Monday, when defense attorney Adante Pointer requested that he be released into his family's custody.

Deputy district attorney Angela Backers said that although the boy has no criminal record, his school records from the last three years show a history of violence, including an assault on a female student.

On another occasion, he allegedly threatened a female teacher.

"He said she needed to have a bullet put in her," Backers said.

The boy also once went to another boy's house to beat him up and told that child's father, "I'm gonna pop his bitch (expletive)," Backers said.

Pointer said the boy has never had any contact with police before his arrest and that incidents alleged in his school records come from one-sided reports that were never investigated or verified.

The attorney would not comment on the facts of the case other than to say, "It's not murder."

Kliszewski said that it's still unclear why the boy had a gun or where he got it. He ordered that the boy remain in juvenile hall, but said that he would be allowed to attend his sister's funeral with a probation officer in tow.

Nearly a dozen of the boy's family members attended the hearing. They declined to comment on the case.

Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.