Two year old shoots herself with unsecured handgun.

[Darrell]

There is NO excuse for this kind of thing.......

 

Matthew Daniel Jenkins is charged with criminally negligent homicide after his 2 year old daughter was shot and killed early Monday Morning. Around 12:45 a.m. on Monday, the Bradley County Sheriff’s Office responded to a reported gunshot at a residence on Hancock Road NE.

Upon arrival, the mother advised her two-year-old child had suffered an accidental gunshot wound. The child was immediately transported to a local hospital with a gunshot wound to the chest and later passed away.

The Bradley County Sheriff’s Office Criminal Investigations Division detectives responded to the scene and conducted a preliminary investigation.  It was then discovered that the firearm had been left unsecured and the child was able to gain access to it. 

The girls mother told investigators  she was in the kitchen fixing a snack when she heard a gunshot, and headed in the direction of where she heard it.  As she got to a hallway, she saw her husband walking out of their bedroom “with their daughter and a handgun in his hand.” She told investigators her husband told her to call 911, and he carried her to the front porch where he performed CPR until first responders arrived and took over.  The mother told investigators “the gun was in its original container in their master bedroom,” and that it was “not in a locked container of any kind.”

After consulting with the District Attorney’s Office, the father, Matthew Daniel Jenkins, has been charged with criminally negligent homicide. 

[Garufa]

9 minutes ago, Darrell said:

After consulting with the District Attorney’s Office, the father, Matthew Daniel Jenkins, has been charged with criminally negligent homicide. 

As he should be.

[Grunt67]

This happens way to often.

[Handsome Rob]

Forgive me for this question. On the face of it, I'm sure it's really, really dumb but I just don't understand something. 

I'm not, in any way trying to justify or forgive what happened in any way, shape or form, I'm simply trying to get some clarification. 

Which part of this horrific incident is criminal negligence? Leaving the loaded gun unlocked, or letting the kid get to it? I only ask, because I have several loaded & readily accessible firearms in my home (I don't have kids) & to my knowledge, that's legal. I don't know of a law saying that a child cannot legally handle a firearm (I admit, I have no idea about the adult supervision thing)  Is it a combination of things? 

To expound..... if I were to walk into your home, in a bit of a mood. See your condition 1 1911 on the table & think "welp, there's the sign...." & deliberately off myself, would that be a straight up suicide, or criminal negligence on your part? 

Again, please, I am really not trying to forgive or excuse anyone in this situation, I'm honestly & only trying to figure out at what point, or in what situation several totally legal things combine to become illegal. 

Edited October 30, 2021 by Handsome Rob

[Darrell]

9 hours ago, Handsome Rob said:

Which part of this horrific incident is criminal negligence? Leaving the loaded gun unlocked, or letting the kid get to it?

I'm no lawyer, but in my mind the criminal negligence is leaving a loaded, and probably cocked, gun unlocked AND letting a kid get to it. I have a loaded, unlocked handgun where I can easily reach it, but there are no kids in my house. If I were going to have a kid in the house, I'd put the gun away.

Something to consider is how likely is it that a two year old could cock a weapon, could pull the trigger on an un-cocked double-action handgun, or could manipulate the safety of a cocked and loaded semi-automatic.  And as Grunt so rightly mentioned, this kind of thing happens far too often. 

This from a quick on-line search:

Criminal negligence is conduct where a person ignores an obvious risk or disregards the life and safety of those around him.

Both federal and state courts describe this behavior as a form of recklessness.

The negligent person acts significantly different than most people would under similar circumstances.

An unfortunate example of this is a parent or guardian leaving a loaded firearm where a small child can get it.

Edited October 30, 2021 by Darrell

[ReeferMac]

20 minutes ago, Darrell said:

Something to consider is how likely is it that a two year old could cock a weapon...

Curious thought exercise...

I concur, a loaded and ready firearm is not something to just leave lying around? I would find myself agreeing with the DA that it would constitute negligence on the part of the gun owner.

[10-Ring]

I have a 12 year old daughter who has zero interest in any kind of guns (or anything else I like for that matter) and I have a 17 month old son who is getting to where he is into everything.  I think I'll order a safe for the bedside table right now.  Most everything is secured in my safe, but I do like to keep a pistol and/or my Shockwave handy.  

[10-Ring]

50 minutes ago, 10-Ring said:

I have a 12 year old daughter who has zero interest in any kind of guns (or anything else I like for that matter) and I have a 17 month old son who is getting to where he is into everything.  I think I'll order a safe for the bedside table right now.  Most everything is secured in my safe, but I do like to keep a pistol and/or my Shockwave handy.  

And done!  Hope this safe doesn't suck!

[peejman]

6 hours ago, Darrell said:

Something to consider is how likely is it that a two year old could cock a weapon, could pull the trigger on an un-cocked double-action handgun, or could manipulate the safety of a cocked and loaded semi-automatic.  A

Clearly a lot more likely than many people think. Little kids have strong hands. They're typically very good at pulling levers ans pushing buttons. 

[Grayfox54]

Never underestimate a child. Nothing can be hidden from them or put out of reach. They will find a way. 

[bobsguns]

16 hours ago, Handsome Rob said:

To expound..... if I were to walk into your home, in a bit of a mood. See your condition 1 1911 on the table & think "welp, there's the sign...." & deliberately off myself, would that be a straight up suicide, or criminal negligence on your part? 

Depends.

Were you speaking of suicide loudly & in front of multiple people in the days/weeks previously, then an argument could be made over negligence IF the gun owner knew you were coming for a visit.

The difference is, an adult is legally considered to be able to make legal decisions. A young child, not so much. (Which is why there's age of consent laws for alcohol, driving, sex, signing a contract, etc.)

My opinion is worth exactly what you paid for it..........................    

[bobsguns]

17 hours ago, Grunt67 said:

This happens way to often.

Sadly.

I think I've read 2-3 stories this year about elementary age kids being found with a gun at their school. WTF are their parents doing that a kid that young can take a gun to school?  

I would imagine the majority of those kids have no father in the home either.   

[bobsguns]

6 hours ago, 10-Ring said:

I have a 12 year old daughter who has zero interest in any kind of guns (or anything else I like for that matter) and I have a 17 month old son who is getting to where he is into everything.  I think I'll order a safe for the bedside table right now.  Most everything is secured in my safe, but I do like to keep a pistol and/or my Shockwave handy.  

An empty chamber is a good idea for young kids as well. Obviously this won't apply to a revolver. But a young kid won't be able to rack a slide. 

[RED333]

Praying for all involved, this is a senseless loss of life that could have, should have been prevented.

[Erik88]

I don't even have kids and I'm still mindful about this. If I know kids are coming to my house I go secure all the guns. 

[bobsguns]

11 minutes ago, Erik88 said:

I don't even have kids and I'm still mindful about this. If I know kids are coming to my house I go secure all the guns. 

That's just good common sense to do so, IMO.