GREELEY - Jordan Limas, 18, was sentenced to three years after pleading guilty to one count of criminally negligent homicide in connection with the shooting death of his 11-year-old brother.
Limas will serve in a secure, community corrections facility in Greeley for three years. He may be able to leave the facility for work or other programs, depending on the judge's ruling.
The judge told the court on Monday that the case was not an accident, despite the families' pleas.
"This is a case of consequences ... a statement to the community about what is acceptable," Weld County Judge Thomas Quammen said Monday. "[Andre] had a right to his life ... Nobody had the right to take his life away."
Jordan came up to the front of the court after the sentencing.
Through his tears, Jordan said to the court "it was an accident and I didn't mean to and I love my little brother."
According to police and court records, Limas, of Greeley, told Weld County sheriff's deputies on Sept. 14, 2012 that he left a loaded gun on a dining room table. He said that his brother, Andre Limas, found the gun and was trying to take it outside to show other children.
The elder Limas told investigators that he struggled with his brother for possession of the firearm when it went off, resulting in Andre's death.
"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 Limas, Jordan's brother, told 9NEWS in 2012.
"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. "Jordan has to live with that the rest of his life and suffer with that the rest of his life."
(KUSA-TV © 2013 Multimedia Holdings Corporation)