Michael Munns

Video Appears to Show Victim Handling Gun Before Accidental Shooting

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A South Bay mom faced the man accused of killing her son Thursday in court. But that man and her son were friends, and police said the shooting was an accident.

NBC Bay Area obtained exclusive images showing the victim playing with the gun before the shooting. The family wants the man who pulled the trigger to be charged with murder.

Images from cell phone video obtained by NBC Bay Area appears to show 21-year-old Michael Munns handling the gun that eventually went off and took his life.

"It's a harsh reality to wake up to every morning knowing that Michael is not here," said Sara Huff, Munn's mother.

Police ruled the shooting accidental. They arrested Munn's 18-year-old friend, Cole Halvorson, for allegedly firing the fatal shot. He faces several felonies, but not murder.

Munn's family held a rally outside the courthouse on Thursday before Halvorson's hearing.

"A person was shot and killed and there is a lot of elements that lead to second-degree murder," said Munn's father. "And we expect nothing less."

The prosecutor said it's still an open investigation.

"We want the right thing for Michael and we want to make sure that whatever charge we bring, we can prove beyond a reasonable doubt," Deputy District Attorney Marina Manikaryous said.

Halvorson's lawyer said there were not bad intentions that night -- just four friends messing around in a car.

"Given my review of the case, it appears to be just an accidental shooting and unfortunate and tragic accident involving these young men," said Jaime Leanos, defense attorney.

The shooting has led Munn's mother to become a gun safety advocate, pushing to require liability insurance and safe storage for all gun owners.

The gun in this case was not registered and prosecutors said because it is an ongoing investigation, they will not say who it belonged to.

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