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Daniel Torres, 13, died after his close friend Jeff Dilworth, 14, shot him in the head at a friend's house in Hollywood, Florida, on April 28, 2010.

Dilworth called 911 after the shooting and asked whether he was going to prison. "I shot my best friend in the head. Am I going to go to jail?" he said, according to the recording. "It was an accident. I'm sorry."

Torres was taken to Memorial Regional Hospital and died there. He and Dilworth were students at Apollo Middle School and, according to family and neighbors, close friends. The shooting happened around 2 p.m. Torres had stayed home from school that day because he was afraid of being beaten up, his family told the Sun-Sentinel. "He was being bullied," a cousin said.

School district officials said no one in the family had ever raised the issue with the school, and that it was the first day Torres had missed all year. Police said the boys took a loaded 9 mm pistol from a nightstand in the bedroom of Dilworth's mother. Dilworth told investigators he watched Torres unload the gun, then took it from him and squeezed the trigger, not knowing a round was still in the chamber.

Detectives recovered the pistol at the house that night on a search warrant. The department initially described the death as accidental and filed no charges, but the Broward State Attorney's Office charged both the boy and his mother on June 9, 2010. Dilworth was charged as an adult with manslaughter by culpable negligence with a firearm, which carried up to 30 years. Shari Edwards, who owned the gun, was charged with culpable negligence for leaving it loaded and within reach, punishable by up to five years.

Prosecutors did not publicly explain what changed their view of the case. Torres' father said he had never accepted the account that the shooting was an accident. Dilworth pleaded no contest that July. Broward Circuit Judge Michael Gates sent him to a residential rehabilitation program, where he could be released in about nine months, and ordered that he remain under Department of Corrections supervision until he turned 21.

Edwards was sentenced on February 24, 2011, to four years of probation and 100 hours of community service, and was ordered to surrender the gun. She apologized to the Torres family in court. Daniel's mother, Dorris Rivera, read a statement to her before the sentence was handed down. "My heart is torn apart. My children want their brother back," Rivera said. "What really hurts the most is that not once have you shown grief or sorrow for me and my family."