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STUART (CBSMiami/AP) – A father shot and killed his 30-year-old son who had gotten into a fight with his younger brother over a game of pool.

The shooting happened early Sunday morning at a home inside the Florida Club.

Investigators said Joseph Maloney had his brother James in a choke hold with one arm while holding a knife in the other when his father shot him. The two siblings had been drinking and got into a fight during the game shortly before the shooting.

Maloney was set to appear in court next month in a fatal DUI crash from May 2015.

Martin County Sheriff William Snyder said the father, John Maloney, won’t be charged because the shooting is considered an act of protecting his other son from great bodily harm or death.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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