A Nodaway County panel that reviews child fatalities is recommending that no charges be filed in the accidental shooting death of a 9-month-old boy by his 5-year-old brother.

Nodaway County Prosecutor Robert Rice said Wednesday the county's Child Fatality Review Board made the recommendation after reviewing Monday's death at a home in Elmo.

Investigators say the victim's 5-year-old brother found a .22-caliber Magnum revolver in a bedroom and fired it, hitting the baby, who was in a playpen. The child died at a Kansas City hospital.

Sheriff Darren White said the boys' mother was at the house with her four children at the time.

The Maryville Daily Forumreports Rice will make the final decision on criminal charges. He said the panel's recommendation will figure prominently in his choice.

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