10/10/08 Bend
 
By Doug Johnson
 
A new grand jury indictment was handed down Friday, charging 16-year-old Kaleb Brown with murder and as an adult. He appeared via video phone from the Deschutes County Juvenile Justice facility where he is being held without bail.
Brown's attorney says his family is upset over the new murder charge.
 
 
"They're shocked as a lot of people are shocked in regards to the murder charge being handed down from the grand jury," Aaron Brenneman.
 
Brown was arrested Monday night after a fight with his mother's boy friend, 38-year-old Tracy Rost, ended when the teenager allegedly stabbed the man with a sword at a home on White Tail street in Bend. Rost later died at St. Charles hospital. Brown's defense will be looking into exactly what happened.
 
"We'll be working on the case from there, investigating it, hiring experts to help us work on it," says Brenneman.
 
Last November brown was involved in a diversity film at Redmond High School. KOHD spoke with Brown back then who said he was the victim of racism at the school. As a result of incidents like his, a student group called Panther Pride decided to make the diversity movie using 16 students including Brown's real life experiences. Eventually he says things got better.
 
"I like having the support and knowing that there's people behind me backing me up, and to know that I'm not the only kid going through this," Brown.
 
Today, he sits in jail. According to police reports, Rost, the victim, may have been drinking the night of the incident. The report states he and brown were physically fighting in the teen's bedroom over activities Rost believed Brown was involved in. The report also states during the fight Brown grabbed a samurai style sword, which he kept above his bed, and stabbed Rost in the chest.