State Police spokesman Billy Gregory originally said he didn't think charges would be filed but the trooper said Wednesday it was "too early to know," the Lexington (Ky.) Herald-Leader reported.
State police said Caroline Sparks, was accidentally shot by her 5-year-old brother while he was playing with a .22-caliber rifle in their home in rural Cumberland County. Caroline was taken to a hospital where she was pronounced dead.
"I think there is still some information that we don't fully understand," Gregory said. "As the investigation continues and when we finish, I'm sure we'll present the totality of the circumstances to the commonwealth's attorney and then he'll make a decision whether or not to present to the grand jury."
Cumberland County Coroner Gary White said the children's mother was home when the shooting occurred. He identified the gun as a Crickett, which he said was "a little rifle for a kid."
White said the family didn't realize a shell had been left in the rifle, which was kept in a corner of a room.
White had said Tuesday the shooting would be ruled accidental.