Investigators say the gun that fired, killing a 10-year-old boy was loaded and not secured contrary to a recent statement made by the gun's owner.
Dingeman Elementary School student Eric Klyaz died from a gunshot wound to the chest June 4.
Klyaz was playing with a 9-year-old neighbor when in the garage of a Miramar Ranch North home when he was shot.
The girl was uninjured, but shaken up, police said.
Homicide investigators told NBC7 San Diego that the gun used in the shooting was loaded and found in an area easily accessible to children.
SDPD Homicide Lt. Jorge Duran said the location of the weapon is contrary to the statement provided by attorney for gun owner.
The girl’s father Todd Francis said he doesn’t know how the kids were able to get a hold of his gun. Through his attorney, Francis said the weapon was registered and purchased legally.
He also said the gun “... was not loaded and hidden in a separate location from the ammunition. Neither the gun nor the clip were immediately accessible to children and were hidden separately for home security."
Investigators served a search warrant on the girl's home where her mother and teenage brother also live. Her father was storing some items in the family's garage in preparation of moving to an apartment.
An inventory of items seized in the search included a Sig-Sauer 9 mm handgun wrapped in a white T-shirt and a single bullet casing. Officers also took possession of a Remington 970 shotgun, a holder and blood evidence.
According to Lt. Duran, investigators are also trying to determine if the 10-year-old boy or his friend pulled the trigger as they were both handling the weapon.
The investigation is ongoing and no charges have been filed.