Daytona Beach's police chief calls it an act of stupidity that could have cost a 12-year-old his life.

The freak shooting happened on the eighth floor of the Wyndham Ocean Walk Resort, right in the middle of the tourist corridor of Daytona Beach.

According to police, David Scott of Lawrenceville, Georgia was in town with his family when he pulled a 9 mm handgun out of his briefcase, took out the clip and, thinking the gun was unloaded, pulled the trigger.

But the weapon wasn't empty.

Daytona Beach Police Chief Mike Chitwood explains what happened next. “The round goes through the wall, and goes into the next family's condo where it strikes a 12-year-old in his side.”

The child's family declined medical attention and detectives are trying to determine if he was either grazed by the bullet or the shards of sheetrock.

The chief did not identify the victim's family, but said they are understandably upset.

Randy Callahan was staying with his family near the shooting scene. They left the resort just to walk around and get away from all the police action. “I don't see no reason for it because there's nothing but children and family people here.”

Chief Chitwood said the wall slowed the bullet down.

But that's very little consolation to a Kentucky family just halfway into their beach vacation.

“We could have had a dead 12-year-old kid here where a family's on vacation and somebody who wants to be negligent with a firearm and...this just doesn't make any sense,” Chitwood said.

Investigators are forwarding this case on to the State Attorney's office. They will determine if charges will be filed.

According to police Scott cooperated with detectives. He did have a permit for the weapon, but according to Chief Chitwood, it expired this past May.