HONOLULU (KHON2) — A judge has ordered Big Island police to turn over evidence from the fatal shooting of an 11-year-old boy to the family’s attorney. Records show that the boy was shot with an AK-47 when another boy accidentally fired the weapon.

The shooting happened on August 28 at the rifle range at Boy Scout Camp Honokaia. Police said the boy who was unsupervised picked up a loaded firearm, and as he placed it back down, it discharged, killing an 11-year-old Boy Scout. The attorney for the victim’s family said Big Island police have refused his request to review the evidence and witness statements from the shooting.

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“We need to find out what happened. How could this atrocity happen in this way to this 11-year-old boy. Who has the most critical information for that? The police department,” said attorney Kris LaGuire.

But the attorney representing the county said prosecutors are still deciding whether criminal charges will be filed against three adults who were at the scene, so handing over the evidence will taint the case. She added that the victim’s parents were there when it happened so they are potential witnesses. And the case is now being handled by the State Attorney General instead of the county prosecutor’s office.

“We just got information yesterday that the office of prosecuting attorney has conflicted out of this particular case and has been referred to the Department of Attorney General,” said Sylvia Wan, Hawaii County Deputy Corporation Counsel.

As to why the county had a conflict the prosecutor said in a statement, “Family members and the children of several of our staff members were present during the incident and are potential witnesses.” The judge ruled in favor of the victim’s family and has ordered the police department to turn over the evidence on October 26.

A protective order issued by the judge will prevent that evidence from being released to the media. Legal experts pointed out that a protective order should help prevent the criminal case from getting tainted.

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“This is why police reports cannot be submitted to the public until the investigation through the police department is closed,” said Megan Kau, a defense attorney who is not involved in the case.