Dashonn Hayes, an 18-year-old accused of killing his younger brother with a shotgun blast to the neck, may soon be released from the DeKalb County jail.

Judge Clarence Seeliger granted the murder suspect $50,000 bond Friday morning after the defense argued 17-year-old Corinthian Hayes’ death was an accident. The suspect will be monitored by pretrial services and all guns must be removed from his home.

“Both kids had guns and were out shooting them,” defense attorney Steve Cowan told The Atlanta Journal-Constitution, referring to the moments before the 12-gauge fired on Dec. 20. He said they were headed back inside the house near I-285 and Avondale Estates when the shotgun went off. “Frankly, nobody can say exactly how it happened. He just knows the gun went off and hit his little brother.”

There were no other adults at the home when the shooting occurred.

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Cowan said the state presented no evidence of a dispute between the brothers on the day of the shooting.

Yvette Jones, spokeswoman for the district attorney’s office, said the state had no such evidence to present Friday, but the investigation is “in the preliminary stage.” The police department maintains that the suspect had malice.

Police are aware of an Instagram post made by the suspect in the weeks before the shooting, which included him making a comment that officers believe could be seen as a threat to harm the younger brother.

Cowan said his client is distraught over the shooting and did his best to revive the dying brother.

“It’s my position, the client’s position and the family’s position that this was a horrible, tragic accident,” Cowan said. “I don’t think the court would’ve granted a bond if the court thought it was anything more than an accident.”

In Georgia, even accidental shootings can lead to serious charges if the shooter is found to have been acting illegally when the death occured. But it’s too early to tell what will happen in this case.

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