The Gila County Attorney has decided not to file charges in an accidental shooting that left a 1-year-old boy dead at the hands of his 3-year-old brother. It happened on May 27, 2014.
In a statement released on Friday, Gila County Attorney Bradley Beauchamp said the victim's mother did not know there were loaded, unsecured guns in the residence where the shooting occurred.
Additionally, Beauchamp stated that the 78-year-old man who owned the guns is not criminally liable because he did not have care, custody or control of the children. The gun owner also did not have children visit his residence frequently.
The man who owned the guns and the mother were friends. He had given food to the family in the past when they were in need. The mother visited the residence unexpectedly on the day of the shooting to get more food. The adults were in the kitchen filling up a box of food when the children wandered into another room.
The gun owner is frail and has memory issues, according to the statement from Beauchamp. He did not warn the victim's mother that there were loaded guns throughout the residence and did not secure the guns.
The statement from the Gila County Attorney's office reads in part, "The tragedy, however, when viewed in light of the facts, does not support charging...with a criminal offense. Based on the foregoing reasons, the Gila County Attorney's Office declines to prosecute because there is no reasonable likelihood of [conviction]."