A 13-year old boy is being charged with capital murder in the shooting death of a gas station clerk last month in Conroe.

The boy and a 19-year old were involved in an armed robbery and the shooting death of the cashier.

The older suspect, Joseph Gutierrez, has also been charged in the March 24th shooting.

Customers were in the Shell convenience store, in the Conroe when 48-year old Sam Sadruddin  was shot and killed.

Because the juvenile is below the age of 14, he is not eligible to be certified as an adult to stand trial in criminal court.

A grand jury will not decide whether prosecutors can seek a determinate sentence for the boy.

If the boy is convicted, he could receive a 40-year sentence that would place him in youth detention until he is 19.

A judge then would decide whether he will be sent to an adult prison to finish his sentence or be released.