Galen Hawk has been charged with negligent homicide for the accidental shooting of a 3-year-old boy in Polson, Mont., on Wednesday night.
Hawk and two unidentified bystanders took Lonato Moran-Allen to a hospital in Ronan, Mont., but the child died, reports RawStory.com (video below).
Hawk and Moran-Allen were reportedly playing "gun tag," but Hawk had a loaded 380 handgun.
Hawk allegedly told police that he had been drinking whiskey and alcoholic lemonade on Wednesday night.
"We don't know anything about Galen, except we believe he is not a relative of the victim," Karen Sargeant, of the Lake County Sheriff's Office, told NBC Montana.
"At this point in time, in this investigation, has not led us to believe there was anybody else involved," added Sargeant.
According to the police report, Hawk didn't realize his gun was loaded until it was too late.
"He chose to take a handgun, similar to this one. A 380 handgun, loaded, while he was intoxicated, and pointed it at a child," stated Lake County Deputy Attorney James Lapotka.
Hawk wants to attends little boy's funeral, but is still locked up in the Lake County Detention Center on a $100,000 bond.
If convicted, Hawk could get 20 years in prison and/or a $50,000 fine.