LOUISVILLE, KY (WAVE) - The gun that killed a 12-year-old boy in an accidental shooting belonged to the child's mother, police said Monday.
At this time the child's mother is not facing any criminal charges. The investigation is ongoing.
Tremain Brown, Jr., was shot and killed by his younger brother at their home in Penway Avenue. The brother's name is not being released, but community activist Christopher 2X told WAVE 3 News the boy is 11 years old.
Mable Arnett lives next door to the home that was surrounded by police Sunday afternoon. She knew something was wrong when her neighbor's son came running over.
"My son was out there washing his bike and (Brown's brother) said, 'Kenny, can you come over to the house; I think my brother is dead," Arnett said.
Arnett said Brown was a good kid and would often stop and talk to her.
"He's always wanting to help me do things," Arnett said. "He's going to be missed. Can you imagine what his mother is going through?"
Attorney Brian Butler said he's not surprised charges are not being filed against the child or mother.
"You are balancing the fact that a parent has lost a child, which is the worst thing anyone can imagine," Butler said.
Butler added that police base their decisions on charges on a case-by-case situation.
"I can certainly conceive of scenarios where you would just conclude this is a complete and utter tragedy, that the conduct wasn't such that rises to the level of wanton conduct or criminal conduct," Butler said.
WAVE 3 News Safety and Security Expert D'Shawn Johnson said cases like this are preventable if guns are locked up and if people would get trigger locks.
"It only takes a few seconds to get that lock off and charge that weapon and be ready for use," Johnson said. "But, it still needs to be in a safe place."
Arnett said Brown was the oldest of five kids, and would often take care of his younger siblings. Brown was a 7th-grader at Stuart Middle School.
There will be a balloon release in his honor Tuesday at 7 p.m. at his home on Penway Avenue.