Ulysses Gudino, 9, was shot and killed in Colorado Springs Monday. The teen suspect police have in custody is the boy's brother.

Ulysses Gudino, 9, was shot and killed in Colorado Springs Monday. The teen suspect police have in custody is the boy's brother. (May 18, 2009)

COLORADO SPRINGS - A 13-year-old Colorado Springs boy was in custody Tuesday after police found his mother and brother shot in their Chapel Hills Drive home Monday morning. The suspect's brother was pronounced dead at the scene and his mother was in stable condition and receiving treatment for her injuries.

At 8 a.m. Monday, the Colorado Springs Police Department received a report of a shooting at 1837 Chapel Hills Drive where officers found two people had been shot. "He was pretty nice... He was a happy kid," said friends of Ulysses Gudino, age 9.

The boys' mother, 38-year-old Marina Gudino, called 911 to report she had been shot and stabbed. She was transported from the scene to a local hospital where she was treated and admitted in stable condition for gunshot wounds and a superficial stab wound to the chest. "She's a nice lady very nice lady she was a good cook bring over homemade tacos," said Mike Dailey a neighbor. He couldn't understand the shooting saying the 13-year-old and the victim were playing basketball at the family home Sunday night.

Two others were found inside the home uninjured. A 7-year-old female and another 13-year-old boy.

The 13-year-old suspect was taken into custody and charged with one count of First Degree Murder, and one count of Attempted First Degree Murder. A weapon was recovered at the scene.

A fourth juvenile male, 12, as well as the father of the children, 40-year-old Ulises Gudino, were not present at the time of the shooting.

The violence surprised neighbors. "You never know whats going on inside the mind of a 13-year-old boy," said Kathy, who didn't want to give her last name. "I don't know know why anybody would hurt him...he was such a great kid," said a young girl who came to a makeshift memorial.