- A 3-year-old boy in Florida died after shooting himself with a gun he found in his parents nightstand.
- The gun belonged to the boy’s father, who is a Florida corrections officer.
- Whether or not the parents face charges is ultimately up to the Florida Attorney’s Office.
DAYTONA BEACH, Fla. – A 3-year-old boy, the son of a Florida corrections officer, died after shooting himself with a gun he took from his father’s nightstand Wednesday night.
Volusia County Sheriff Mike Chitwood said the boy’s older sister, 16, was at their home near DeLand with him and their 7-year-old brother while the parents went to the grocery store. During that time, the 3-year-old accidentally shot himself in the head.
According to a press conference held Thursday by the Volusia County Sheriff’s Office, two 9-1-1 calls came in around 6:22 p.m. Wednesday to report the shooting. One came from the boy’s older sister, who had also called her father, and the second came from the father.
At 6:29 p.m., the first deputy arrived on the scene and attempted life-saving measures until paramedics took over and transported the boy to a nearby hospital, authorities said. A doctor pronounced the boy deceased at 7:03 p.m.
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Here’s what we know.
Where did the gun come from?
The youngest boy went into his parents’ bedroom and removed a handgun from his father’s nightstand, according to the sheriff’s office. The gun belonged to the father, a state corrections officer.
The father said his firearms are usually stored inside a safe in the bedroom, but he’d placed one in his nightstand and the other on top of the refrigerator in the kitchen when the safe’s electronic lock stopped functioning.
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Will the parents or guardians face charges?
Whether or not the parents of the boy face charges is ultimately up to the Florida Attorney’s Office, which will consider all of the evidence as well as how charges could compound the grieving family.
During a press conference Thursday, Chitwood said he couldn’t imagine “anything in the law books that can punish that family more than what happened last night.”
In similar cases, parents have been charged.
When a 3-year-old Gainesville boy died after shooting himself with a pistol last year, authorities charged the boy’s parents with manslaughter, unsafe storage of a firearm and child neglect.
What does the law say?
Florida law requires the safe storage of firearms.
That law may be violated if a person fails to properly store or secure a firearm, and it results in a minor gaining access to the weapon “without the lawful permission of the minor’s parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law,” statute 790.174 (2) states.
Allowing a minor to gain access to a firearm that wasn’t properly secured can result in a second-degree misdemeanor, which is punishable by up to 60 days in jail and/or a $500 fine.
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However, in the case of a minor inflicting injury or death on oneself or someone else, prosecutors may pursue charges related to culpable negligence.
What is culpable negligence?
According to the Florida Supreme Court, culpable negligence is conduct that shows a reckless disregard for human life, the safety of others or an entire lack of care that raises a presumption of indifference to the potential consequences.
If a loaded firearm is stored or left within reach or easily accessible by a minor, and the minor uses it and inflicts injury or death on oneself or someone else, the person deemed responsible may be charged with a third-degree felony.
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“With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney’s office with respect to violations,” Florida law states. “The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.”
Story Credit: usatoday.com