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HERKIMER COUNTY, N.Y. -- Police are continuing the investigation into the case of a former police captain who accidentally shot and killed his adult son.

State Police say last month, Michael Leach was sleeping in an Old Forge motel room when he awoke and shot who he thought was an intruder around 1 a.m. on July 21st. The victim turned out to be Leach’s son, Matthew Leach, 37.

First responders say Michael shot his son in the back with his service weapon.

Matthew's death is being treated as a homicide.

"Other than to say the investigation continues, I do anticipate either moving forward with criminal prosecution in this case or bringing it to a Herkimer County grand jury to decide," Herkimer County District Attorney Jeff Carpenter said.

Michael is a police officer in the Village of Perry, but both he and his son are from Rochester.