Brandon Holt, 6, Was Shot Dead In Toms River In April

TOMS RIVER, N.J. (CBSNewYork) — A long legal process lies ahead for the parents of a 6-year-old boy who was shot and killed in Toms River by their neighbors’ even-younger son.

As WCBS 880’s Jim Smth reported, attorney Kevin Parsons acknowledged that “there’s no real right time to file a lawsuit like this.”

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But he said the parents of Brandon Holt, 6, want to get started what could be a long legal process – filing suit against their neighbors whose 4-year-old son, police said, was able to get his hands on a gun in the home on April 8. That allegedly led to the fatal shot.

“It’s never going to bring their son back, and of course, that’s what they’d want more than anything,” Parsons said. “So unfortunately, the only thing that, civilly, we can do for, is monetary damages.”

The neighbor – Anthony Senatore, 33 – also faces criminal charges for allegedly leaving weapons unsecured. A call to his attorney was not returned Saturday.

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Brandon was shot in the head by Senatore’s son after the younger boy went into his home on McCormick Avenue in Toms River and somehow got his hands on a .22-caliber rifle. Though authorities said they are not sure how the 4-year-old obtained the gun, sources told CBS 2′s Christine Sloan last month that the boy found the rifle under a bed.

Police said the 4-year-old then went outside and accidentally shot the 6-year-old, who was sitting in a quad nearby.

It’s unclear if he pulled the trigger or if the rifle accidentally discharged. The 4-year-old boy’s parents were home at the time of the incident, police said.

Officials said four shotguns were found close to ammunition and accessible to Senatore’s three children in their Toms River home.

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