LOUISVILLE, Ky. (WDRB) -- A man claims he was grilling when a gun fell out of his hands, shooting and killing an 8-year-old boy.

But a 13-year-old witness says that's not how the child was killed.

The details are in a 100-page affidavit obtained by WDRB.

Andre Lamont O'Neal Junior was shot at a home on North 34th Street in Louisville back in January.

He died at the hospital and the man who admits to pulling the trigger, Elgin Anders, says he was trying to put the gun away when it went off.

"I didn't need it in my hand. I came out to the grill. I had barbecue sauce on my fingers. I licked the sauce off my fingers. It just slips right out of my fingers," Anders said.

However, that 13-year-old has a different story.

According to a statement from police in the court documents, the teenager said Anders was upset because someone tried to fight him.

He then allegedly saw Elgin cock the hammer on the gun, which was pointed at little Andre, then pull the trigger.

We asked Elgin about the confrontation when we interviewed him back in January.

"Someone else was telling us that there was an argument that had happened with someone who lives guess down the street or something?" WDRB's Josh Breslow asked. 

"Yeah, there was an argument down the street," Anders responded.

Anders is charged with reckless homicide.

Prosecutors tell us if Anders is convicted, he could face one to five years in prison.

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