MEMPHIS, Tenn. — A judge has thrown out a first-degree murder charge brought against a Tennessee father whose 3-year-old son died from a gunshot wound.

Media outlets report Judge Karen Massey dismissed the charge but found probable cause for reckless homicide, gun and drug paraphernalia charges against 26-year-old Cortez Wilkerson.

The boy, Kash Sharp, was found shot in the head on the afternoon of July 8 in a Memphis apartment. Documents show Wilkerson told police he was awakened by a gunshot and saw his son lying on his lap with a gunshot wound to the head.

Records show investigators later determined Wilkerson was the only one who could have fired the gun.

Wilkerson has maintained his innocence. His attorney, Blake Ballin, has said Wilkerson is “completely heartbroken” over the death of his son.

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