The Delaware County Sheriff's Department responded to a call reporting a shooting on this rural Jay, Oklahoma property at 1:43 Saturday morning.
When deputies got there, they found a 13-year-old boy dead inside a pickup truck. That's when they called in the Oklahoma State Bureau of Investigation.
"During our investigation, we determined that neighbors out in that area saw some suspicious activity at a nearby vacant home. They called the homeowners parents who lived near by. The father went out to inspect what was going on," says Jennifer Brown from the OSBI.
Tony Rutherford saw somebody was driving his older son's truck. And went on to chase the truck, firing several shots from his rifle during the chase.
He ended up shooting and killing the driver who turned out to be his 13-year-old son.
"What is unique about this situation is that we have a father who thought he was protecting an older son's property. And in fact, he shot and killed his younger son, not knowing his younger son"
Rutherford's attorney, Winston Connor II says, "Tony and his family are very sorry by the loss of their child and time will reveal the circumstances surrounding this unfortunate incident which does not constitute a crime"
But OSBI agents arrested Rutherford for first degree murder and booked him into the Delaware County Jail.
And the investigation is currently ongoing.
The OSBI handed the case over to the district attorney, who will decide if he wants to prosecute Rutherford for first degree murder or amend the charges.
We reached out to neighbors, but they declined to comment at this time.