It's exactly what a father hoped would not happen, but now he is indicted after his three year old daughter shot herself.
Josh Henry indicted by a grand jury with contributing to the deprivation of a minor, cruelty to children, and reckless conduct.
Pooler Police say he left a gun on a nightstand with his three year old daughter sleeping in the bed.
He says he went downstairs to greet a fellow soldier just back from war and somehow the gun went off killing the little girl.
Henry's lawyer Doug Andrews hopes he can still work something out to keep Henry out of jail.
"Negotiations can be conducted and hopefully we can work something out whether it be a pretrial diversion so there is not criminal conviction which would be my goal. I don't think as a father he deserves a felony," Andrews said.
WTOC spoke with Henry in July.
"They can't give me enough time in jail or make me pay enough fines to punish me more than I'm going to be punished the rest of my life," Henry told WTOC.
Henry says it was a terrible accident. A judge has yet to set a court date.