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Accused shooter waives hearing

A Riverdale man accused in the accidental shooting of his young nephew waived his preliminary hearing Thursday afternoon.

Benny Ezekeil Kimbrough, Jr., 18, is in the Clayton County Jail on $35,000 bond on charges of reckless conduct and three counts of cruelty to children in the second degree. There is no bond set on the more serious charge of involuntary manslaughter.

Police said Kimbrough accidentally shot his nephew, Anthony Clark, 6. Clark died Sept. 3 at Southern Regional Medical Center.

The next step in the judicial process is for the case to be presented to a grand jury for possible indictment. If the case is indicted, Kimbrough will be brought back to court for arraignment.

Clayton County Police Lt. Tina Daniel said when Kimbrough was arrested that some details surrounding the shooting were not being released so as to not jeopardize the integrity of the investigation. She said no one else would be charged in the shooting.

";Benny Kimbrough had control of the gun when it went off,"; she said. ";It appeared he was playing with the weapon. This is definitely accidental.";

There were three other children in the room at the time of the shooting, said Daniel. No one else was reported injured.

Daniel said the death was preventable.

";This was an unfortunate, horrible accident that could have been prevented,"; she said. ";Gun owners need to keep guns in a secure location and out of the reach of children to prevent a situation like this from happening.";

-- Kathy Jefcoats