A Mississippi man has been cleared of criminal wrongdoing in the accidental fatal shooting his 2-year-old son as he shot and killed his roommate during a fight.

A Harrison County grand jury dismissed the manslaughter and murder charges against 35-year-old Billy Jack Roberts on Monday, determining there wasn’t enough evidence to convict him, news outlets reported.

Roberts and his roommate, David Garcia, got into an argument at the Saucier home the two shared in February 2018, Harrison County Sheriff Troy Peterson said.

Roberts alleged Garcia attacked him and broke through a wall into a room where he was barricaded with his son, according to court testimony.

Three bullets hit Garcia’s hand and a fourth went through Garcia’s abdomen and hit the toddler who was standing on a bed, police found.

“There is no way on the face of the earth my client would intend to shoot his own son, but that’s what happened as a result of the struggle,” Roberts’ attorney, Michael Crosby, said in court.

Roberts maintained he acted in self defense.

Roberts told deputies he didn’t realize his son was standing on the bed.