OMAHA, Neb. -- The toddler who fell out of a moving SUV and died Saturday night was not properly restrained, said Douglas County Attorney Don Kleine.

Mckenzie Holley, 3, was secured by a seat belt and not a child seat.

He climbed out of the seat belt, opened the door and fell onto his head, according to the family.

His two brothers were in the car with him.

According to the law, all three should have been strapped into a car seat.

Kline is still reviewing the case, but no charges have been filed.