Fifth grader Jayeon Simon is said to be recovering from surgery and has just had the last of three rabies shots.
He was viciously mauled by three pit bull dogs last Sunday at 8th and Sheridan Northwest near his home.
The boy's uncle, Allen Simon, says a neighbor saw the commotion, came out with a handgun and fired a shot at one of the dogs. A bike patrol officer riding by shot and killed the other two dogs.
But questions are being raised about whether the neighbor should face charges for possibly having an unregistered gun and for firing it out in the open.
Police Chief Cathy Lanier tells Fox 5 the facts of the case have been sent to the US Attorney's office and the Office of the DC Attorney General for a decision on prosecution.
WTTG FOX 5 & myfoxdc
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