RED LION, Pa. (WHTM) – A 13-year-old Red Lion boy has been charged in the fatal shooting of 12-year-old Kain Heiland last month.

According to York County District Attorney Dave Sunday, Nolan Grove is being charged as an adult with murder in the third degree, involuntary manslaughter, firearms not to be carried without a license, possession of a firearm by a minor, and four counts of recklessly endangering another person.

“These charges were recommended in a presentment by the grand jury,” Sunday said.

Sunday said the DA’s office, Pennsylvania State Police and the grand jury all participated in the investigation, listening to testimony from several witnesses and assessing evidence including surveillance video.

On the evening of April 1, state police were called to 1st Ave in Red Lion. According to court documents, they said they found Heiland’s body and one bullet casing.

One witness, who said they spent the day with both boys and saw the shooting, told investigators Grove had been playing with the gun and had pointed it at Heiland and two other girls earlier in the day.

The witness also said Grove was making comments about Heiland’s mom and Heiland repeatedly told him to stop. Investigators said a similar exchange happened around 8:30 p.m., and that is when witnesses say Grove shot Heiland in the back.

“I want to start by saying how sorry I am to the families of Kain Heiland for their indescribable loss,” Sunday said.

The boy’s father later confirmed that he owns a gun matching the caliber of the bullet casing that was found next to Heiland. The father also said he asked his son to come home after hearing about the shooting and found the gun in its safe.

One witness told police they saw Grove get the gun out of his father’s safe. Investigators later found a gun in that safe matching the bullet casing found near Heiland’s body.

“At this point the father is not being charged with a crime,” Sunday said.

Sunday said Grove is being charged as an adult because the crime warranted the count of third degree murder, which could send Grove to prison for up to 40 years if he is convicted.

According to court documents, Grove was arraigned on May 5. A judge denied bail and ordered Grove be held at a juvenile treatment facility. Grove’s preliminary hearing is scheduled for June 27.