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Charges Not Expected In Shooting
07/29/10 WGC/AP

Louisville police say they will not pursue charges against a boy who shot his 12 year-old half-brother to death while they were playing with a 9mm semi-automatic handgun.

Lt. Barry Wilkerson of Louisville Metro Police also said Wednesday that no charges will be filed against the owner of the gun, John O'Bryan.

Wilkerson said that prosecutors had sent police a letter saying no charges would be filed. The boys were playing and the gun's safety had been on when Darius Tucker was killed March 29 after he and his 14 year-old half-brother discovered weapons in the house where they lived with O'Bryan, their mother and O'Bryan's teenage daughter.

Wilkerson said testing at state police labs showed the gun would fire with the safety on.