The parents of an Embry-Riddle student say they're still skeptical about their son's death.

Police announced Monday 22-year-old Timothy Englehardt was accidentally shot in the head Sept. 13.

His friends had claimed Englehardt killed himself.

Wednesday would have been Tim Englehardt’s 23rd birthday. But instead of celebrating this year, Bill and Therese Engelhardt are grieving.

The Engelhardts were shocked to learn Jacob Eldred was only charged with improper exhibition of a dangerous weapon or firearm, a first-degree misdemeanor, and even more confused after reading the press release police sent out.

“The press release issued by Holly Hill has many holes in it as the mystery surrounding Tim’s death,” Bill said.

Police said according to Eldred and Stephanie Lauber, the only witnesses, Tim was making suicidal statements. They said Eldred removed the magazine from his gun he regularly carries on him because of it.

Then while standing face-to-face with Tim, Jacob pointed the gun at himself, telling Tim of his own past suicide thoughts.

According to Eldred and Lauber, Tim grabbed the barrel of the gun and it discharged, striking Englehardt in the head.

“So when your friend mentions suicide, you instinctively grab your pistol?” Therese said.

According to the press release, the gun never left Eldred’s hand, and after it discharged, he placed it on the coffee table and left the room.

The criminal complaint, which was given to the State Attorney’s Office Monday, has yet to be released.

The Medical Examiner’s Office has also not made its findings public.

While police believe this was a tragic accident, the Englehardts still aren’t buying it.

“From the evidence side of it, there was no evidence that I can figure, other than the statements made by Stefanie and Jake,” Bill said.

We reached out to Eldred, but did not hear back.

For the Englehardts, the misdemeanor charges are not the end they said. They are still waiting for the hard evidence and are planning to pursue a wrongful death lawsuit.