MIAMI (CBS4) – It appears that no charges will be filed in connection with an accidental shooting of a 4-year-old boy on Wednesday afternoon in Little Havana, but police are leaving the case open as they continue to investigate.

“This case is still open, we’re still actively looking at it,” said Miami Police Detective William Moreno. “It was an accident; a very serious accident. But there doesn’t appear to be a gross negligence.”

The shooting happened in a home in the 1100 block of NW 3rd Street. Miami police said two brothers, ages 17 and four were in one room of the house, while their mother and grandfather were in another room.

The grandfather, Pedro Del Sol, told police he heard a shot ring out and then saw his 4-year-old grandson with a gunshot wound in his groin area.

Del Sol told CBS4 “I saw the boy come out crying and crying… his mom grabbed him and I said what happened? The older boy said, ‘I was in the room playing with your rifle.’”

Del Sol admitted to police that the .22 caliber rifle used in the shooting was his.

He went on to tell CBS4 the rifle was an unregistered gun a friend gave him to fix years ago. Del Sol thought the gun was unloaded.

After police questioned the 17-year-old boy they were unable to determine who pulled the trigger.