A Semmes man who accidentally shot and killed his twin brother during an altercation with another man has not been charged in his brother’s death.

Instead, 37-year-old Brenton Joel McVay has been charged with first-degree assault for pistol-whipping the other man, according to Mobile Metro Jail records.

The incident took place at a residence on Western Hills Drive in Semmes. The argument began when the two brothers went outside and engaged with the third, unidentified man.

During the argument, the third man reportedly pulled a knife and stabbed Brenton McVay, who in turn pulled out a handgun and began to pistol-whip the third man.

While beating the other man with the gun, it went off, with a bullet going through the hand of the third man and then striking Brenton McVay’s twin, Trenton McVay, in the chest. Trenton McVay was pronounced dead at the scene.

Brenton McVay was scheduled to have an initial court appearance Monday morning, according to the jail docket.