LOUISVILLE, Ky. (WDRB) -- In January of 2016, second grader Andre Lamont O'Neal Jr. was killed after a mishap with a gun. His little sister was left to learn about loss far too soon in life.

"He's not coming back," Dra'onna O'Neal said.

Right after the shooting, Elgin Anders said a cookout ultimately caused the 8-year-old's death. 

"We was grilling and everything," Anders said. "I came out and looked at the grill, had a little BBQ sauce on my fingers. I licked the sauce off my fingers, ([and] it slipped straight out of my fingers."

Andre's aunt, Gina O'Neal, didn't buy the story then, and she's not buying it now either.

"We still don't know the truth," she said. 

Tests on the gun conducted by Kentucky State Police show there was nothing wrong with it. The report called it functional.

Anders did take some responsibility for the shooting Monday. He pleaded guilty.

"Guilty, not guilty, it doesn't even matter. It still can't get baby Dre back," Gina O'Neal said.

The Commonwealth recommended either two years in prison or four years probation. The sentence won't come for a few months, and even then the family said they will still feel cheated.

"It hurts so bad to know that the justice system failed us," Gina O'Neal said. "He gets to walk around free, living either day. Baby Dre won't have another day with us."

Sentencing is set for Sept. 12.

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