MILWAUKEE, Wis. (WTAQ) - No charges will be filed in a freak gun accident that killed an 8-year-old Milwaukee boy.

Police recommended negligent homicide charges against a 28-year-old man, after his rifle went off as he was removing it from his case last Friday night. 8-year-old Jerome Addison was shot in the torso and died. The boy’s 64-year-old grandmother was shot in the arm.

Chief Deputy District Attorney Kent Lovern called the shootings an accident – and any negligence was not enough to support a criminal charge.