CENTREVILLE, Mich. (AP) — A judge has dismissed a murder charge against a 9-year-old boy accused of fatally shooting his mother in their southwest Michigan home.

St. Joseph County Family Division Judge David Tomlinson made the ruling Friday. Under state law, the boy was presumed incompetent for trial because he’s not yet 10.

WOOD-TV reports the third-grader hugged his father and cried after the ruling.

The boy was accused of the May 6 shooting at the family’s home near Sturgis.

Tomlinson criticized a state law that bars him from ordering help for the boy. St. Joseph County Chief Assistant Prosecutor Josh Robare told the judge he fears the boy could kill again without treatment.

The Associated Press is not identifying the victim because to do so would identify the boy.