JACKSONVILLE, N.C. (WNCT) – No charges will be issued to the Jacksonville police officer who accidentally shot and killed his son in December, local District Attorney Ben David announced Thursday morning.

In a press conference held in Jacksonville, David, who represents New Hanover and Pender counties, announced John Clukey, who is a detective with the Jacksonville Police Department, did not intentionally shoot and kill his son, Alexander Clukey on Dec. 28. Alexander died on Jan. 3 at Vidant Medical Center in Greenville.

The office said John was wearing his department-issued gun while he and his son were playing with Airsoft guns in their yard on the day of the shooting.

David said John drew his real gun by mistake and shot his son in the head.

Shooting death investigation summary

David said John immediately called 911 and stayed on the line while assisting his injured son. Neighbors later came to help before EMS arrived and took him to the hospital.

David said while what happened was a tragedy, he did not believe it was a crime that could be successfully prosecuted or taken to court for a jury trial. He also said there was no evidence the killing happened during the course of unlawful conduct.

“There is no question that the death of Alexander Clukey is a tragedy,” David said. “By any objective measure, this is one of the most heartbreaking losses imaginable.”

David also referenced two other involuntary manslaughter cases that show “heedless indifference to the right and safety of others.” He said the detective did not display that sort of indifference.

The investigation into the shooting originally began with District Attorney Ernie Lee. He recused himself from the investigation on Jan. 12.