PORTSMOUTH, Va. (WAVY) — A man charged with second-degree murder in the shooting death of a Portsmouth toddler will be released from jail on a $20,000 bond.

2-year-old Mayze Moon was shot in the head on August 10 in a home in the 2800 block of Deep Creek Boulevard. He died in a hospital on Saturday.

Portsmouth police originally said the shooting may have been an accident, but later charged Al McNeil with second-degree murder. He turned himself in to police.

A Portsmouth General District Judge denied McNeil bond on Wednesday. His defense attorney, Richard Davis, appealed that decision in Portsmouth Circuit Court on Friday, where Judge Brenda Spry granted McNeil a $20,000 bond. His movements will be monitored by a GPS to determine that he complies with a curfew of 6 p.m. to 6 a.m. He is allowed to work, go to his attorney’s office, and go home.

Domontiona Osborne is Mayze’s mother. She said her little boy would have turned 3 years old this week. Instead of celebrating his birthday, Mayze’s family is grieving his death.

Osborne asked Spry to deny McNeil bond, saying that her son “died due to his negligence with his firearm.” Instead of swaying Spry to keep McNeil in jail, the judge said the mother’s testimony convinced her that he should be released on a conditional bond.

“It seems like even she believes what happened was not a deliberate attempt to hurt her child,” Spry said.

Spry granted McNeil bail over objections by the Commonwealth’s Attorney’s Office.

McNeil has no previous criminal history. He will be monitored by GPS and has a curfew. He is only allowed to travel to work, his attorney’s office, and his home. Spry warned him that any violation of his bond will result it in being revoked.

Osborne testified that McNeil is a family friend. Prosecutors said McNeil and Osborne were both in the home when the shooting happened — she was cooking, he was waiting to get his hair done, and Mayze was playing on the kitchen floor.

Defense attorney Richard Davis called the shooting a “tragic accident,” but prosecutors say McNeil’s story about what happened on Aug. 10 has changed at least three times.

Court records show McNeil initially told police “the victim was inside and that he must have bumped the chair where the firearm (pistol) was, making it go off;” however, police then wrote that McNeil said “the victim bumped him causing the firearm to go off once it hit the floor.” A prosecutor told Spry that McNeil also said the gun may have fallen out of his pocket, and the child may have picked it up and pulled the trigger himself. Prosecutors consulted a doctor about that possibility, and the physician said that it would have been very difficult for Mayze to shoot himself.