A Montana man is facing up to 20 years in prison after shooting and killing a 3-year-old boy while playing a game of ‘gun tag’.

NBC Montana reports that Galen Hawk was charged on Friday with negligent homicide after killing Lonato Moran-Allen on Wednesday night. Bail has been set at $100,000.

According to court documents, Moran-Allen was pretending to shoot Hawk with a toy gun as he ran away inside of a Ninepipes-area home. Hawk reportedly pointed his handgun at Moran-Allen in response and the gun went off killing the boy.

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According to Hawk, he didn’t think his gun was loaded and that he and the boy had only been “playing.” Hawk told investigators that he had spent the evening drinking whiskey and alcoholic lemonade prior to the shooting.

Following the shooting, Hawk attempted CPR on the boy before rushing him to a hospital in Ronan where he was later died.

Displaying a gun similar to Hawk’s in court, Lake County Deputy Attorney James Lapotka said, “He chose to take a handgun, similar to this one. A 380 handgun, loaded, while he was intoxicated, and pointed it at a child.”

Karen Sargeant with the Lake County Sheriff’s Office said little is known about about Hawk, but stated that investigators didn’t believe that he was related to the boy.

While appearing in court, Hawk’s attorney stated that Hawk would like to be released to attend the boys funeral, however the judge did not indicate whether he would allow it.

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Hawk faces up to 20 years in prison and/or a $50,000 fine if convicted.

Watch the video below from NBC Montana: