UTICA, N.Y. (WKTV) - A 14-year-old boy pleads guilty to killing his father. Despite that, he will be a free man once he turns 21.

Both the boy's attorney and the prosecution say 14-year-old Joseph Giacona III was abused both verbally and physically by his father for years. There was even an altercation the night before the murder.

After reading a report from a psychologist hired by the defense and a psychiatrist hired by the prosecution, the judge agreed, sending the teen to state prison was not the right thing to do.

Instead his case is being turned over to Oneida County Family Court, where on Monday, he is expected to be sentenced. Most likely he will spend his life in a juvenile facility until he turns 21.

Prosecutor Kurt Hameline questioned the boy about what happened that afternoon in January of 2008 in he and his father's home in Vernon.

Giacona says he didn't intend to kill his father. In fact, he says his father wanted him to shoot him as he layed on the couch. Hameline kept questioning Giacona about the conversation he says he had with his dad, before he shot him.

Giacona is scheduled to appear in Oneida County Family Court on Monday at 2:30pm. Again most likely he will be in a juvenile facility until he is 21.

It was brought out Friday, that at the age of 13, just weeks before the murder, Giacona's father gave him a 20 gauge shotgun for Christmas. He would use it to shoot birds with his dad.

However, that wasn't the gun he used to shoot his father, he used his father's 16-gauge shotgun.