Denver Johnson and Jason Paholik Jr. were best friends who were more like brothers, according to family.
On May 27, while at a bonfire in Crown Point, Denver jokingly pointed a gun at 16-year-old Jason and shot him in the chest. Jason later died from his injuries.
The incident was captured on home video that both teens' mothers said they have seen.
According to court documents, Denver, 18, called the shooting an accident, saying he believed the firearm wasn’t loaded.
At first, he faced a reckless homicide charge. But the mothers said days later, the Lake County Prosecutor's Office upgraded the charges to murder.
“Everything states it was an accident,” said Denver’s mom Amanda Eby. “There was no anger. They had not been arguing.”
“I was shocked – I called the detective right away – I don’t understand,” said Jason’s mom, Jennifer Paholic.
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Jennifer said what happened that day was irresponsible, but it was not murder.
“Denver deserves to serve time, just not what they are asking for,” she said. “He needs help emotionally. Otherwise they are going to create a monster, and my son would never want to see that happen.”
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When NBC Chicago asked Lake County Prosecutor Bernard Carter's office about why the charges were upgraded, the office replied in a statement, saying it cannot comment on this case - or any other ongoing case.
Johnson's trial is expected to get underway on Nov. 13.
