WICHITA, Kan. (AP) — Prosecutors say no criminal charges will be filed in the shooting death of a 9-year-old Wichita boy who was playing with a loaded gun he got out of a locked safe.

Sedgwick County District Attorney Marc Bennett said Wednesday his office will not prosecute either the 11-year-old who shot Roy’Ale Spencer in the face or the owner of the gun, who had stored it in a gun safe with a malfunctioning lock.

Bennett said it appears to be a tragic situation in which two young boys got access to what they thought were BB guns. One of the boys pulled the trigger and accidently shot his friend.

The shooting happened Jan. 21 in the Stonegate Mobile Home Park in Wichita.