OAKLAND (CBS SF) — Prosecutors said no criminal charges will be filed against a man who struggled with his brother over a gun outside their home in North Oakland  on Tuesday night before the gun went off and killed his brother.

Johnny Chew, 40, was questioned by police about the incident in the 900 block of Aileen Street at about 6:40 p.m. on Tuesday that claimed the  life of his brother, 37-year-old Eugene Chew, but Alameda County District

Attorney spokeswoman Teresa Drenick said her office has declined to file charges against him after thoroughly reviewing all the evidence in the case.

Oakland police said the two brothers were doing work outside their home when they got into an argument.

Officer Robert Trevino said the argument escalated to the point where Eugene Chew went into the house and came back with a shotgun and then the two brothers struggled over the gun and Eugene Chew wound up being shot.

Chew was taken to Highland Hospital in Oakland but died from his injuries a short time later.

© Copyright 2014 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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