LEAVENWORTH, Kan. (AP) — A court document says a 5-year-old girl who died during a police chase was shot by the man she was with, not by police officers.

Cadence Harris was found dead inside a car driven by Marcas McGowan after he exchanged gunfire with Leavenworth police last July. Prosecutors allege McGowan took the girl from her mother’s home in Atchison and led police on a chase that ended in Leavenworth County.

Investigators had not previously said whether McGowan or police shot the girl. Details were released Tuesday after a judge ordered the release of an affidavit supporting felony first-degree murder and other charges against McGowan. He has pleaded not guilty.

Investigators concluded that a “defect” inside the car was consistent with a bullet hitting the girl from inside the vehicle.