The Penley family attouney claimed that both the father and brother of the boy shot had told police the gun was a fake.

However the boy was shot by one of the deputies after threatening actions with the “gun”.

The boy is clinically brain dead, but on life support to facilitate organ harvesting.

The father Ralph Penley claims that when he arrived at the school to diffuse the situation, he was not allowed inside by police at the scene.

According to the CNN article Maurice Cotey and classmates were about to take a test when Maurice overheard someone say ” this kids got a gun”

Everyone darted from the classroom except Cotey and a girl, he said. Penley looked at Cotey and said, “You stay.” The girl ran out.

With his gun in Cotey’s back, Penley told his classmate to get against the blackboard. Cotey began pleading.

“Please don’t shoot me, please don’t shoot me,” Cotey recalled telling Penley, who ordered him into the closet.

After a scuffle between Cotey and Penley, Cotey realised the gun was a fake and then fled.

Police then proceeded to continue to request the boy to surrender his weapon and give up.

Finally the boy exited the classroom and pointed the gun at a member of the SWAT team. It was at this point the boy was shot by a member of the SWAT team.

It’s a sad situation when a 15 year old kid dies for any reason.

However it has to be said that making menacing actions with a pistol [fake or otherwise] to an armed SWAT team member is guaranteed to have serious repercussions.

Arguably the Police may have tried to negotiate longer with Penley, given that he had no hostage.

See vaughanwylie.com article update on Christopher Penley Pronuounced Dead here