An 11-year-old is charged in the deadly shooting of a 3-year-old boy.
Now the gun owner Curry Bryson, who is the alleged shooter's father, is also facing charges.
Facing second degree child abuse and weapons charges and manslaughter, the father of the 11-year-old boy who shot and killed Elijah Walker was arraigned Monday.
"He's upset this baby was killed," said Jerome Barney, Bryson's attorney. "That's what he is really upset about. This is his girlfriend's son. He's very distraught."
Prosecutors say Curry Bryson owned and stored his gun in a "grossly negligent manner" inside his home on Detroit's Eastwood Street.
They say his 11-year-old son, while visiting earlier this month took the gun from a closet, tossed it out the bedroom window and into the backyard.
That's when prosecutors say the 11-year-old picked up the gun, got into a car parked in the backyard and shot Elijah in the face and killing him.
"Common sense says he should be prosecuted for not having that gun is a safe place," said Larry Fuller. "Or locked up where no one could have access to it but himself."
While the 11-year-old has also been charged as a juvenile for manslaughter and felony firearm, Bryson's defense attorney says prosecutors are "over-charging" his client.
"When I see prosecutors going overboard it hurts me because I'm a citizen just like everybody else," said Barney. "I don't think he should be charged at all."
But the grandfather of Elijah - just days after attending the toddler's funeral - says the charges against Bryson are appropriate.
"I hate that the father is subjected to this but these are the laws," Fuller said. "I'd rather see him being prosecuted than that baby boy."
Right now, Bryson faces up to 15 years in prison and was given a $10,000 bond. He's due back in court August 24th.