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No Bond For Suspected Gunman In Deadly South Dade Drive-By

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MIAMI (CBSMiami) - A Miami-Dade judge has ordered that a man accused of firing a high powered rifle into a Richmond Heights home during a drive-by, killing a young boy inside, be held without bond.

Dravein Duke, 19, made his first appearance Wednesday morning.

"It was Mr. Duke's first appearance and the judge found probable cause. We dispute what is contained in the affidavit. We are investigating the case. We believe that because the individuals making the claim, they had a previous dispute with him," said Duke's attorney Richard Gregg after the hearing.

Duke, who turned himself in to police on Tuesday, faces several charges including second degree murder and attempted murder.

Duke, also known as "Pop," is accused of unleashing the barrage of bullets into a home at 15120 Jackson Street on Sunday, December 27th.  Amiere Castro, 7, who was inside watching television, 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 and cops got the wrong guy.

"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."

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 18-year old Maxwell Trewin who they suspect was behind the wheel.

Duke and Trewin and two other men 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 the rifle then went back and shot at the house.

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

Miami-Dade State Attorney Katherine Fernandez Rundle plans to hold a community forum at Sgt. Joe Delancy Richmond Heights Park on Wednesday to address residents' concerns about the shooting.

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