LAKEWOOD, Colo. (CBS4)- Prosecutors have formally filed charges against the man police believe is responsible for a 3-year-old boy shooting and killing his 5-year-old brother.

Adam Laham was charged with reckless child abuse resulting in death, a class 2 felony. If convicted, Laham, 23, could serve 16 to 48 years in prison.

Laham is from Wichita, Kansas and was staying with the children’s parents in Lakewood during the Christmas holiday.

Laham is accused of leaving a loaded handgun in easy reach of the children in the room where they played video games. The 3-year-old boy got a hold of the gun and accidentally shot his 5-year-old brother. That boy later died at a hospital.

“It’s just very sad. It’s very sad. And it was an accident and certainly it’s not something you would want to happen. It’s just sad, especially at Christmas. Even my client is sad about everything that’s happened,” said Laham’s Attorney Margaret Steele.

Laham is scheduled to appear in court next week. He’s being held on a $40,000 cash bond.