MILLCREEK — A 17-year-old boy died Friday after police say he was shot by his brother while they fought over a handgun in Millcreek Canyon.
About 2:30 p.m., Unified police were called to the trailhead at 4700 E. Millcreek Canyon on reports of a 17-year-old with a self-inflicted gunshot wound to the head, according to a police affidavit filed in 3rd District Court.
People who were there when the shooting happened tried to help the boy until medical crews arrived but he did not survive and was pronounced dead at the scene, Unified police said.
While investigating, detectives discovered that the shooting was not self-inflicted, the affidavit states.
“It was a brief struggle between the two over the firearm (a handgun) and it resulted in an accidental discharge that unfortunately struck the 17-year-old,” said Unified police detective Kevin Mallory.
Officers arrested Emilio Madrigal-Rios, 19, and booked him into the Salt Lake County Jail for investigation of manslaughter and obstruction of justice. Madrigal-Rios was the only other person there with his brother when the gun was fired, the affidavit states.
Madrigal-Rios told police he was carrying the gun that he said belonged to his brother. They got into a physical fight after the teen "demanded that Emilio give him back the gun," according to the affidavit.
"This fight involved both brothers physically holding the gun at the same time trying to prevent the other from having the gun. At some point during this struggle, the weapon was fired, striking the victim causing his death," officers wrote in the report.
"Emilio admitted post Miranda that he deliberately picked the weapon up off the ground and threw the weapon away from the scene after his brother had been shot during the struggle," the affidavit states.
The victim was identified in the affidavit only as C.M. The police department has not yet released his name.
This was not Madrigal-Rios' first run-in with the law.
In May, he was arrested after sticking a handgun out of his vehicle and pointing it at a pedestrian crossing the road in front of his vehicle, according to court documents.
Police in two recent arrest affidavits said Rios is a documented gang member.
More information will be posted as it becomes available.