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But the boy, whose identity police have not released, was shot in the face early Monday and was in critical condition yesterday at St. Christopher's Hospital for Children, police said.
Questions remain about why a 12-year-old was at a nightclub with three adults, three hours past the citywide curfew of 9:30 p.m. for those under 13, and why the minivan he was riding in had been targeted by a gunman in a passing vehicle.
According to police, the male occupants of the minivan, which included the 12-year-old, two 18-year-olds and a 19-year-old, had been at Samba nightclub, 7th Street and Girard Avenue, until late Sunday evening.
The owner of Samba, who asked not to be identified, said that the club was hosting a "no school Monday" bash Sunday night that was strictly for teens.
Those who looked older than 18 or younger than 13 were turned away, but policing age restrictions for teens is difficult because many don't carry identification, he said.
"We ask them their age but I'm not a day care; I'm a nightclub," the owner said.
"If your parent allows you to run the street at 12 years old, they're the ones that should be liable."
DJ D-Wizz, a disc jockey who was spinning in the club that night, said that no alcohol had been served and that there had been no fights inside the club.
The owner said that more than 2,000 kids showed up to the venue, which has a capacity of 400.
He said that he didn't know if the alleged victims had been among those inside or among the large overflow outside.
At 11:30 p.m., the lights went on and the party was over, the owner said.
About 12:30 a.m. the van that the 12-year-old was in was fired on by a gunman, believed to be about 19 or 20, from the rear driver's-side window of a blue Buick LeSabre, at Broad Street near Master, police said.
The 12-year-old was hit once, a 19-year-old passenger was shot twice in the back, and a third pasenger, 18, was grazed in the forehead by a bullet, police spokeswoman Officer Jillian Russell said.
The 18-year-old driver was unharmed and drove his companions to Albert Einstein Medical Center, Russell said. All except the 12-year-old have been released.
An investigator from Central Detectives said last night that no arrests have been made in the case, but that the shooter has been identified. An arrest warrant has been issued for the suspect, who was not named because he has not yet been taken into custody, the investigator said. *
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