Father asks DA to drop charge against Greeley teen who killed kid brother in gun accident

Teen says he was pulling gun away from 11-year-old

GREELEY, Colo. - The father of a Greeley teen accused of accidentally killing his 11-year-old brother in a tussle over a gun is urging prosecutors to drop a criminally negligent homicide charge against his surviving son.

"It was an accident, an ugly accident," David Limas said of the shooting that claimed the life of his youngest boy, Andre.

The Limas family met with Weld County prosecutors Tuesday afternoon to ask them to drop the felony charge against 18-year-old Jordan Limas.

Jordan Limas told sheriff's deputies that on Sept. 14 he left a loaded gun on a dining room table at his parents' Evans home. He said that his younger brother found the gun and was trying to take it outside to show other children.

Jordan told investigators that he struggled with his brother to get the handgun back but the firearm went off and the bullet struck Andre. His kid brother died later at a hospital.

"Basically, (Jordan's) punishment is he's going to have to live with this for the rest of his life," David Limas told 7NEWS photojournalist Major King. "Jordan is having a tough time with this as well as we are, but the guilty that we see him going through every day, it hurts."

"We're going to be here to support him either way, through the good and the bad. We're standing behind Jordan 200 percent," the father said.

District Attorney Ken Buck said he feels for the family, but he must follow the law.

"We have charged the case, because we believe there is a crime and we will move forward with the case," Buck said.

"I feel bad for the family on a lot of different levels," Buck said. "It's tragic they lost their 11- year-old son. It's also tragic that their 18-year-old son has been charged. And I'm sorry that the family, that the parents are in the situation they are in."

"Ultimately, the punishment in this case is up to a judge," Buck said. "We will give the judge as much discretion as we can, if there is a conviction at trial or if there is a plea agreement."

David Limas said the family feels better after meeting with Buck. But they still hope the charge will be dropped.

 "To think that we're going to lose another son to the system, it's devastating.  It's a big load to bear right now," the father said.

Punishment for criminally negligent homicide can range from probation to three years in prison.

Jordan Limas is free on $30,000 bond. He is scheduled to appear in Weld County District Court to be advised of the charges against him on Oct. 25.