Brothers won't face charges in BB gun death of Lewiston girl
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Cache County prosecutors said Tuesday they will not file charges against two brothers who accidently shot their younger sister in the head with BB gun, killing her.

Cache County Attorney James Swink said officials contemplated filing charges, but after reviewing the case decided there wasn't enough evidence.

"In fact, all the evidence points toward a really tragic and freak accident," he said.

The girl's two brothers, age 9 and 11, were firing puffs of air Aug. 18 at their 4-year-old sister Karely Arzeta-Reyes outside their Lewiston home. However, a BB remained in the 9-year-old's gun and penetrated the left side of the girl's head, lodging in her brain.

The mother, who was home at the time of the shooting, drove Karely from their home in northern Cache County to a hospital in nearby Franklin County, Idaho. From there, the girl was flown to Primary Children's Medical Center in Salt Lake City, where she died shortly thereafter.

"The facts tend to support that there was an accident," Swink said. "It was tragic. There was no intent on these two boys' case to injure their sister."

Swink said authorities had considered charges at one point because they wanted to ensure the boys received help and counseling to cope with the death of their sister. But both boys are receiving help, he said.

"We don't need to pile on criminal charges when they're not justified and the children are receiving help," he said.

The boys are living at home with their parents.

remims@sltrib.com

Police • Boys are obtaining counseling so state backs off.
 
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