Grand jury declines indictment in fatal Christmas Day shooting

Updated:

VOLUSIA COUNTY, Fla. —

A Volusia County grand jury declined an indictment Thursday for a man accused of accidently shooting and killing a man on Christmas Day.

Bruce Fleming, 69, of Deltona, was shot and killed by a stray bullet fired by Julio Lemus in 2013, according to investigators.

Fleming was in his front yard on Cadehill Drive when he was shot.

Lemus told investigators he was trying to kill a bird with his shotgun, and did not mean to shoot Fleming.

He told police he bought the gun from a private owner, who gave him some safety lessons, and that he thought he was shooting the gun high enough.

Reports stated that there were multiple shotgun pellets near where Fleming was standing in his yard.

Lemus was going to be charged with manslaughter with a firearm, but the grand jury issued a no true bill on his indictment.