FAYETTEVILLE, N.C. (WNCN) — The 12-year-old boy charged in the shooting death of 8-year-old Jenesis Dockery could soon be moved to a mental health facility near Asheville.

On Tuesday afternoon, a juvenile court judge struck down the request to release him to his grandmother. Instead, the judge is seeking a secure mental health institution for the boy.

Jenesis was shot and killed in front of her 5-year-old sister, while at the babysitter’s house in Eastover, in July. The 12-year-old suspect is the babysitter’s son.

He’s charged in juvenile court with manslaughter and larceny for taking the weapon from a grandfather’s safe. Dockery’s father said he worries the suspect could be a danger to society if and when he’s released. He believes the pre-teen should spend the rest of his life incarcerated.

“I believe that’s where he needs to be the rest of his life because this is only going to get worse, if you allow him to back out,” said Fon Dockery, Jenesis’ father.

The 12-year-old remains in Cumberland County Juvenile Detention Center. His next custody hearing is set for October 4th at 10:30 a.m.

While the 12-year-old was arrested, not the gun owner. Cumberland County Sheriff’s Office told CBS 17 it has closed the case and turned the matter over to Cumberland County District Attorney’s Office.

The Dockery Family is pushing for “Jenesis Law.” It would create tighter regulations for gun owners, holding them accountable for crimes committed with their weapons.

“We got to vote. If you want different results, you want different treatment, got to vote differently,” Dockery said.