BURKESVILLE, Ky. (AP) -- A prosecutor in south central Kentucky says he will not pursue criminal charges in the fatal shooting of a 2-year-old girl by her 5-year-old brother, who fired his own gun at her.
Cumberland County Commonwealth's Attorney Jesse Stockton said in a statement Monday that he "believes there is no probable cause that any crime occurred" in the April 30 shooting. Stockton says he will not present the case to a grand jury after reviewing a report from state police.
Caroline Sparks was shot once in the chest by a rifle given to her older brother as a gift. The .22-caliber Crickett rifle is available in different colors and is marketed for children.
Investigators said the family didn't realize the gun was loaded.
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