Investigators are continuing the investigation in an attempt to determine just how the boys gained access to the weapon and what exactly led up to the shooting. Investigators say when the investigation is complete it will be forwarded to the Mason County Prosecuting Attorney for review. Criminal charges against the victim’s brother are unlikely. Washington State law says in part “Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.”
An autopsy is expected to be performed by the King County Medical Examiners Office today or tomorrow. This investigation is expected to take a few weeks to complete.