3-year-old shot to death by 9-year-old brother

MOBILE, Ala. (AP) - Mobile County District Attorney John Tyson Jr. says no charges will be filed in the shooting death of a 3-year-old boy by his 9-year-old brother.

Mobile police say the gun that killed 3-year-old Elijah Porter on Wednesday night was stored high in a kitchen cabinet and was separated from all its ammunition except for a single bullet.

Police say the 9-year-old reached the gun by standing on a kitchen chair. They say he was playing with the weapon when he pointed it at Elijah's head and pulled the trigger.

Cpl. Charles Bagsby, a police spokesman, says that the boys' mother was at work and the father was on an errand to the store at the time of the shooting. Their 15-year-old sister was home.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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