MEMPHIS, TN (WMC) - A father is now charged with first-degree murder after his son was shot and killed in their home.
Cortez Wilkerson, 25, told police that his 3-year-old son Kash Sharp fired the gun.
Memphis Police Department later said the evidence does not match Wilkerson's claims.
"It is of no matter to me what a police officer thinks," Leslie Ballin, Wilkerson's attorney, said. "They are there to investigate cases and report facts, their opinions are not evidence."
Wilkerson's brother also tried to discredit the police report and current charges against Wilkerson.
"They're trying to make it like my brother killed his son, but he didn't kill his son. It was an accident," Antonio Fagan said.
Wilkerson was originally charged with reckless homicide in the death, and he pleaded not guilty to the charges.
Those charges have now been upgraded to first-degree murder in perpetration of aggravated child neglect.