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In Jay, Oklahoma, a father was way too quick with his gun when he thought someone was driving off in his older son’s car.

Tony Rutherford, 47, went to his older son Bryce’s home after neighbors called him saying they saw multiple cars parked in Bryce’s lot.

According to The Herald Sun, Tony arrived at his son’s place in the middle of the night. When he saw someone driving off in Bryce’s car, which was supposed to be parked, Tony started chasing after the vehicle.

Then he fired his rifle several times, eventually hitting the driver.

It turns out, the driver was his 13-year-old younger son.

“What is unique about this case is that we have a father who thought he was protecting an older son’s property, and in fact, he shot and killed his younger son, not knowing it was his younger son,” said Jennifer Brown, an Oklahoma State Bureau of Investigation spokeswoman.

Tony was originally booked at the Delaware County Jail on suspicion of first-degree murder. However, as of Tuesday morning, he’s no longer listed on the roster.

“Tony and his family are very sorry for the loss of their child, and time will reveal the circumstances surrounding this unfortunate incident, which does not constitute a crime,” said Winston Connor II, Tony’s attorney.

Officials are continuing the investigation of this tragic incident.