California boy, 5, stabs his TWIN to death with a kitchen knife while play fighting - as cops say the child will not be charged over the 'horrific' accident

A five-year-old California boy who stabbed his twin brother with a small kitchen knife while they were play fighting will not be charged. 

Emergency services rushed to the boys' family home in Scotts Valley, Santa Cruz, around 4pm on November 15 to find a child with a knife wound. 

The five-year-old was rushed to hospital but did not survive his injuries. 

Following an investigation, Santa Cruz Sheriff's Office found there was no indication of negligence or criminal activity and the child was unaware of the wrongfulness of his actions. 

Children under 14 are 'not capable' of committing a crime unless 'at the time of committing the act charged against them, they knew its wrongfulness', according to Penal Code 26. 

California's juvenile court also states that it only hears delinquency cases involving children between ages of 12 to 17.   

Former prosecutor Steven Clark said that the District Attorney's office have launched an investigation as to whether the children were properly supervised or in inherent danger as a matter of process. 

'The fact that the sheriff's office came out so quickly and deemed this not a negligent situation, suggests that this family was acting appropriately, that this was just a one-off, horrible, tragic event,' Clark told the channel.

In a Facebook statement, the Office wrote: 'Just before 4pm on November 15, 2023, deputies were dispatched to the 200 Block of Tucker Road in unincorporated Scotts Valley for a five-year-old victim of a stabbing. 

'When deputies arrived, they learned that two five-year-old twins were fighting, as siblings sometimes do.

'Tragically, during the incident, one of the 5-year-olds got a small kitchen knife and stabbed his twin brother.'

While significant attempts to save the boy's life were made, he didn't make it.  

'Despite lifesaving efforts by our deputies, emergency personnel, and hospital staff, the 5-year-old passed away at the hospital.

'We are heartbroken for the family of these two young children and share in their grief.'

The public information officer for the Sheriff's Office, Ashley Keehn said that the incident was just a tragic situation and no negligence was involved. 

'Through investigation and witness interviews, there was no negligence. This ended up being just being a very tragic, horrific situation,' Keehn told ABC7. 

The devastated parents have asked for privacy and have not released any information about the family.