The brothers and their cousin were playing with the semi- automatic gun Jose Cruz found in a closet of his home at 551 E. Cumberland St., witnesses said. Jose Cruz thought the gun was empty and pointed it at his brother. He pulled the trigger and was startled when it went off, striking [Misael Cruz] in the chest.

He told Misael to go to the kitchen and get a knife to try to free the bullet. Eventually, the bullet popped out, and Jose removed the clip, thinking it was unloaded.

Misael was bending over, looking at the live rounds that had been removed. As he stood up, Jose pulled the trigger, and Misael got in the line of fire.