"It's the first year without Andre for Christmas and New Years," Stevie Limas said.
This holiday season is one the Limas' will never forget.
The first one without the youngest member of their family, 11-year-old Andre Limas.
"I miss seeing him come through that door and he would cry when I came home because he was so happy to see me," Stevie said.
On Sept. 14, a horrible accident happened.
18-year-old Jordan Limas left a gun, no one knew he had, on the kitchen counter.
"Jordan told me that someone kept coming by Andre's window at night and scaring him, so he bought a gun to protect Andre. No one knew he had it. He kept it hidden. [After several weeks] he decided he didn't want it anymore," Stevie said.
"He left it on the kitchen counter and that's when he heard Andre come inside. Jordan came out as soon as he heard Andre come inside and he already had it in his hands. [Jordan] told Andre, 'don't touch it, don't mess with that, it's not a BB gun' and that's when Jordon went to grab it from Andre and it happened."
"Andre was a baby. He took a piece of everyone with him," Stevie said.
Jordan was thinking about coming with his brother for the interview, but changed his mind last minute saying that it would be too hard.
Stevie Limas, the oldest of the three boys, says on that day they didn't lose just one family member.
"The day that Andre passed away I lost Jordan as well because Jordan is never going to be the same. He's not that person he used to be," Stevie said.
Now, Jordan is facing jail time for criminally negligent homicide, a sentence of up to four years.
The family says they can't go through losing another family member.
"Jordan has to live with that the rest of his life and suffer with that the rest of his life."
Stevie says the thought of Jordan going behind bars prevents them all from being able to move forward.
"All I'm asking for is the [district attorney] to let us heal and let us move on and let Jordan stay here. It was an accident."
Jordan Limas' next court hearing is on Jan. 28.
9NEWS Legal expert Scott Robinson says although 'criminally negligent homicide' carries a 1 to 4 year sentence-- it truly rests in the judges hands on whether or not someone actually gets jail time or just probation.
Robinson believes with a case like this - and a cost of $40,000 a year per inmate - Jordan may not have to spend time behind bars.
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