16-year old Florida boy unintentionally shoots and kills his 12-year old brother

A 16-year old boy and his 12-year old brother were home alone in Orlando, Florida, when the older brother heard noises.  He called out, but there was no answer.  He got the family gun and, when he saw a figure, he fired.

The figure was his younger brother, who died from the wound.

From an article and video:

The midday incident in Orlando was an accident, police said. The 16-year-old and younger brother were home alone when the older boy heard noises, feared an intruder and shot and killed his brother. Realizing the mistake, the boy called 911. 

“He heard some noises and he called out for his brother and he didn’t answer and so then his brother startled him,” Orlando Police Department Detective Mike Moreschi told WFTV-TV. 

Police don’t yet know how the boy got his hands on the legally owned gun. The unnamed 16-year-old hasn’t been identified and has not been charged in the killing. The states attorney’s office will review the case.

Every gun in the hands of a child must first pass through the hands of an adult.