DAYTON, Ohio (WDTN) – A 13-year-old boy accused of accidentally shooting and killing his 2-year-old brother Jvontae Johnston was released on house arrest from the Montgomery County Juvenile Justice Center Tuesday after Judge Anthony Capizzi granted a request from his attorney.

The 13-year-old was released into the custody of his maternal grandmother. As part of the judge’s orders, he must wear an electronic monitoring device and is not allowed to leave his grandmother’s home unless given permission from the court. He’s currently facing one count of reckless homicide.

“Even though there is a complaint for reckless homicide,” Judge Capizzi said. “I have some concerns about the level of charges that we’re issued and so I’m going to grant the request to have him released on EHM.”

Following the judge’s decision, he made it clear what rules the teen must follow while on house arrest.

“That house is your jail,” Judge Capizzi said. “You cannot go outside to play in the backyard because it’s summer time. You can’t go if your grandmother said get the mail, you can’t go outside that door.”

According to Montgomery County Sheriff’s Office, the teen accidentally shot and killed his brother 2-year-old Jvontae Johnston on June 4th inside his father’s home.

The gun used in the shooting was in the possession of his father, 34-year-old Jamal Evans, who’s a convicted felon, and, therefore, not allowed to possess a fire arm, which is why he’s also facing charges.

As part of the boy’s house arrest, the judge is putting strict rules in place as far as who’s allowed in the home.

“I will not allow any other younger children in the home,” Judge Capizzi said. “I understand there’s younger siblings that may be 9 or 11. They have to be moved and I feel sorry for them.”

The 13-year-old boy’s mother is allowed to visit her son, but only under the supervision of the boy’s grandmother. As for the boy’s father, who is still in custody, the Judge has ordered he not see the boy under any circumstances if he’s released.