>> reporter: well, that father made that call late wednesday according to miramar police. during the call he says repeatedly he was trying to get the gun away from his son, troy bailey jr., who thought it was a toy. but the gun got off. julia bennett was shot in the face and died instantly. police say the father had a permit for his .9 millimeter glock semiautomatic, but he apparently left it within reach of the toddler when he visited the woman's home. he is the woman's ex-boyfriend, he has not been charged but some relatives and neighbors question whether a 2-year-old was capable of pulling the trigger. witnesses saw police checking the boy's hands for gun residue, presumably to confirm he was the shooter. a judge has placed bailey jr. in the care of bennett's relatives. the father is not allowed contact with bennett's family without state permission. experts say at the least he could be charged with negligence