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MIAMI (CBSMiami) – The alleged shooter in a drive-by that killed a 7-year-old boy turned himself in Tuesday morning.

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“It’s the right thing to do. It’s the right thing to do,” said the victim’s uncle, Elijah Tobler, in response to hearing 19-year-old Dravein Duke had turned himself in.

Duke, also known as “Pop,” is accused of unleashing the barrage of bullets in the shooting that killed Amiere Castro.

Wearing a hoodie and walking with his attorney, Richard Gregg, Duke declined to answer questions from Peter D’Oench as CBS4 cameras exclusively captured him turning himself in.

“He is not going to say anything right now. He is not going to comment. He is invoking his rights,” Gregg said.

Miami-Dade Police said Duke was being interviewed by homicide detectives. Charges are pending.

Dravein Duke (Source: Miami-Dade Police)

Dravein Duke (Source: Miami-Dade Police)

Police said Castro died when bullets from a high-powered rifle riddled the Richmond Heights home at 15120 Jackson Street. Castro, who was watching television with several other children, was struck in the head and pronounced dead on scene. Neighbors said Castro was visiting relatives for the holidays.

But Gregg says Duke is not guilty of firing bullets into that home that on Sunday.

“He’s telling me he’s innocent and that we are going to vigorously defend this case because it is a case of mistaken identity,” Gregg said. “First of all, he’s had just one conviction in the past. For what? Grand theft.

“Family members say there’s been an outpouring of support for him. They can’t believe he was accused of these crimes.”

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Late Monday, police announced they had found the truck they believe was used in the drive-by less than a mile away from the shooting scene and arrested the man they suspect was behind the wheel, according to CBS4 news partner The Miami Herald.

Perez said the accused getaway driver, 18-year-old Maxwell Trewin, was actually arrested shortly after the crime within the police perimeter that was set up, but detectives kept that quiet as they were looking for the gunman.

Trewin was charged with second-degree murder. Police said while being taken into custody he was bitten by a K-9.

“The community got behind us and the information provided by the community led to this arrest, directly led to the arrest,” said Miami-Dade Police Acting Director Juan Perez. “That just shows when the community backs us the state attorney and we come together, when we’re divided we’re very weak. But united we are strong.”

CBS4's news partner the Miami Herald reported Miami-Dade police arrested 18-year-old Maxwell Trewin on a charge of a second-degree murder. (Source: Florida Department of Corrections)

CBS4’s news partner the Miami Herald reported Miami-Dade police arrested 18-year-old Maxwell Trewin on a charge of a second-degree murder.
(Source: Florida Department of Corrections)

Perez confirmed reports about the shooting. He said that Duke and Trewin and others had gone to the home to buy marijuana. A fight broke out with shots being fired at Duke. He and Trewin left, reportedly armed themselves with a high powered assault rifle, then went back and shot up the house.

“Those bullets are not a regular type that’s for war. Like over in Afghanistan, that’s what they use. And they out here on the street in a residential neighborhood using these type of weapons. That’s not cool,” said neighbor Mack Williams.

Police said they are in possession of the murder weapon.

“I am pretty confident this case will lead to a conviction,” Perez said.

Neighbors said someone shot up the same home four months ago but police have not confirmed this.

Both Duke and Trewin have police records. Duke, a former Killian High School student, has been arrested for grand theft and carrying a concealed weapon. Trewin was on probation for burglary and grand theft.

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CBS4 News partner The Miami Herald contributed to this report.

Peter D'Oench