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Deputies: Brother accidentally shot 13-year-old brother

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Updated: 11/27/2013 6:26 pm
MACCLENNY, Fla. -- A Macclenny man is in jail after police say he accidentally shot his 13-year-old brother.

Just before 8 p.m. Tuesday Baker County deputies were called to investigate the shooting. Investigators said the victim's brother, Joseph MacQuarrie, first told them his little brother had been shot by a stranger at the Baker County Fairgrounds.

But Maj. Gerald Gonzlez said something didn't add up.

"It was pretty apparent it did not happen the way it was represented," he said.

Gonzalez said further questioning uncovered the truth. According to investigators, MacQuarrie eventually told them he accidentally shot his little brother while trying to move the gun away from a small child who was also in the home.

"We believe that there may have been some carelessness, playing with the firearm, that resulted in it actually discharging and hitting his brother," said Gonzalez.

Just hours before the shooting MacQuarrie posted pictures of himself on Facebook. They show him, a convicted felon, holding two different guns Gonzalez said, he shouldn't have had.

He said, "He has a prior criminal history that includes three felony convictions that prohibit him from possessing or using a firearm."

Gonzalez said that criminal record could have been the reason why MacQuarrie was hesitant to tell them what really happened.

"We're totally convinced that it was accidental. It was not intentional at all," said Gonzalez.

But accidental doesn't mean MacQuarrie's not in trouble.

"The gun has been reported stolen out of Duval County," he said.

MacQuarrie has been charged with culpable negligence and possession of a firearm by a convicted felon. He's not yet been charged with the shooting of his brother, who is still in the hospital in critical but stable condition.

"I pray he makes it," said neighbor Kim Barton.

Deputies recovered two guns from the home: a 12-gauge shotgun and the handgun they say was used in Tuesday night's shooting.

MacQuarrie is now in the Baker County Jail on a $45,000 bond.

His prior convictions include aggravated assault, burglary and aggravated battery on a person over the age of 65.
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