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May 9, 2013 1:55 PM by NBC News

5-year-old shoots 7-year-old in the back as they share a bath

(KPRC) A 5-year-old boy shot his older brother while the two were taking a bath, Houston police said.

The boys' mother told police she was giving them a bath late Tuesday at their home on Lyons Street and Sam Wilson Street when she stepped away and the shooting happened.

"They were playing around. It wasn't intentional," said Houston Police Sgt. Ryan Gardiner.

The 5-year-old boy grabbed an old .22-caliber rifle and shot his brother at least one time in the lower back, said police.

The child was rushed to the hospital, where he was treated and is expected to survive.Police spent hours collecting evidence and speaking with the father, who was not home at the time of the shooting. They are working to figure out where the gun came from, whether it was loaded before the 5-year-old boy grabbed it, and if it was ever secured.

"We are getting conflicting statements about where the gun was and it's something we're investigating right now," said Gardiner.

Texas Child Protective Services interviewed the boys' parents. The 5 year old was staying with a family member, as will the 7 year old when he's released from the hospital.

"We need to take care of kids getting guns in the house," said Elizabeth Valencia. "It's too dangerous."

"They're good parents," said Rosa Laredo.

Charges are pending.

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