Sources: Little Boy Tells Officers 'You Can't Touch Me'

NEWBURGH (CBS 2/WCBS 880) — A child playing with a loaded gun triggered a tragedy in Orange County on Tuesday.

CBS 2’s Pablo Guzman reports a 6-year-old boy shot and killed his 10-year-old brother.

Now a family member is under arrest.

Once again, there were the remnants of yellow police crime scene tape; and once again there was a memorial — this time for Brandon Scandrett, who police said was shot to death by his 6-year-old stepbrother. Police said a 9mm was found in the house.

Omari Shakur was seen holding a one-man vigil. He said he was doing it because he lost his own son to street violence.

“This is a mistake — kids playin’ with a gun that they found! But who’s child is gonna be next?” Shakur said.

Police Chief Michael Ferrara said 51-year-old Robert Gooding was arrested for having the unlicensed gun and is charged with second degree possession of a weapon.

Police sources said when they got to the apartment, the boy said, “I’m 6 years old. You can’t touch me.” And the officer said that wasn’t the first criminal dealing they had had with the boy. Another officer also said that the stepfather allegedly was trying to get rid of the gun, while the 10-year-old was lying there bleeding on the floor.

One person who claimed to know the stepfather and the boys – a man who sells snow cones, and calls himself “O.G. the Iceman” – said, “And me as a father? I have to think, am I doing the right thing? I’m raising a son on this same block! This same block!”

Gooding is being held on $50,000 cash bail. Police said Gooding has a lengthy criminal record.

Right now the 6-year-old child has not been charged with a crime.