Police in Laurel County have now filed a murder charge against Brian Whitaker. He's accused of killing his cousin.
The shooting has split the family. The suspect's mother calls it an accident, but the victim's mother calls it murder.
Delilah Gilbert sits on the couch where her son, Benjamin, was reclining Tuesday night. She had just returned from the grocery when she says her nephew broke open the door.
"I just seen him with that gun and I went into shock. And he said I'm gonna shoot you. Ben tried to grab the gun and it was too late. He had already shot him," Delilah Gilbert said.
She says Ben fell over a chair and out the door. Neighbors say they saw Edward Brian Whitaker walk into a barn and police say he was later found on the Hal Rogers Parkway. Gilbert later died, but Whitaker's mother said her son didn't mean to kill his cousin.
"But he didn't mean to do it. He wouldn't have shot him for nothing in the world," said Whitaker's mother, Rhonda Moore.
But the victim's mother disagrees.
"I was standing right here when it happened. He came right through that door, kicked my door and came in with that shotgun and said I'm going to shoot you," Delilah said.
The judge ordered Whitaker to stay in jail with no bond. We tried to get an interview with him so he could give his side of the story, but the man in charge at the jail said that wasn't allowed until Whitaker gets an attorney.
Gilbert's mother says the violence may have had something do with Whitaker's girlfriend.
"My daughter and son had gone to pick her up, because he didn't have a car and she didn't go over to my mom's house right away. He must have gotten mad over that or something," Delilah says.
Benjamin Gilbert leaves behind a small child. Now this family has to explain to him that he won't see his daddy again.
Whitaker was in court Wednesday morning before his charges were upgraded to murder. A preliminary hearing has been set for next Tuesday.