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Sirens & Gavels

Posts tagged: gun safety

Charges filed in boy’s shooting death

TACOMA, Wash. (AP) — A mother who authorities say left her 3-year-old son unrestrained in a car after she placed a pistol under the driver's seat has been charged with manslaughter in the death of the boy, who shot himself in the head while the woman went to get food.

The woman's boyfriend, who is the gun's owner, was also charged.

“Nothing is sadder than the death of a child, and when the death is the result of criminal negligence, there needs to be accountability,” Pierce County Prosecutor Mark Lindquist said Wednesday. “Guns are inherently dangerous, and the law, as well as common sense, requires that guns be handled responsibly, especially around children.”

The mother, Jahnisha McIntosh, 23, and her boyfriend, Eric Vita, 22, made their initial appearance on the second-degree manslaughter charges Wednesday afternoon in Pierce County Superior Court. They both pleaded not guilty.

Julio Segura-McIntosh's death on March 14 was the third child shooting in Western Washington within three weeks. On Feb. 22, an 8-year-old girl was critically wounded by a gun that went off in a classmate's backpack in a Bremerton school. On March 10, the 7-year-old daughter of a Marysville police officer was killed when her brother found a gun in the family car.

In Julio's case, Vita and McIntosh had stopped for gas in Tacoma. Vita, who has a concealed weapons permit, removed his gun from his waistband to avoid alarming the clerk and placed it under the passenger seat, the prosecutor said.

Julio had unbuckled himself and climbed into the front seat to ask his mother for candy. McIntosh moved the gun from under the passenger seat to under the driver's seat so Julio could not reach it. Then, she went inside the convenience store for food, leaving Julio unrestrained, the prosecutor said.

Julio found the gun and shot himself in the head. McIntosh's 8-month old daughter was in the car at the time and was not hurt.

Friends and family told detectives that Vita routinely showed off the gun with a laser sight and on one occasion offered to let Julio hold the gun before another adult intervened.

Vita's attorney, David Gehrke, told KOMO that that shooting was a tragedy that has left everyone involved in shock. Vita acted reasonably, he said.

“I think he was being very careful. He did not just leave the gun there, without another adult present. And I think if the mother had stayed in there, this probably would not have happened,” Gehrke said.

“My understanding is that the child went from the back seat to the front seat, got the gun, the mom took it away and said, 'No, leave that alone,' and then put it under her seat. And then inexplicably she got out and went into the convenience store to buy something,” he said.

Gehrke said he's not blaming the mother.

“She lost her child, and that should be punishment for any parent in a circumstance like this,” he said.

The child shootings have raised questions about Washington's gun laws. The state is one of 23 that doesn't have a specific law to prevent child access to firearms, such as mandatory trigger locks or criminal penalties for adults who allow children to access guns, according to the San Francisco-based group Legal Community Against Violence.

Washington state law is specific about carrying loaded pistols in vehicles, however. A person with a concealed weapons permit must lock the gun and conceal it from view if it is left in the car.

In the Bremerton classroom shooting that nearly killed Amina Kocer-Bowman, the Kitsap County prosecutor charged the mother of a boy who brought the gun in his backpack and the mother's boyfriend with felony assault for allowing the boy access to the .45-caliber handgun. Jamie Lee Chaffin, and her boyfriend, Douglas L. Bauer, have pleaded not guilty.

In the Stanwood shooting, the Snohomish County prosecutor's office said Wednesday the shooting is still under investigation by the sheriff's office. When the case is sent to the prosecutor's office, it will decide whether charges should be filed against Officer Derek Carlile, who left a loaded gun in the car.

Snohomish sheriff's spokesman Kevin Prentiss said Wednesday that investigators are wrapping up loose ends and finishing interview transcripts, and the case should go to the prosecutor's office within two weeks. Detectives used child interview specialists to question children.

Past coverage:

March 15: Boy's death 3rd gun accident in 3 weeks

Boy’s death 3rd gun accident in 3 weeks

The vehicle where a 3-year-old boy fatally shot himself with a gun is seen behind police tape and parked at a gas station early Wednesday in Tacoma. (AP photo/komonews.com)

By DONNA BLANKINSHIP and DOUG ESSER,Associated Press
SEATTLE (AP) — A 3-year-old scrambled out of his child seat after his parents stopped for gas early Wednesday, found a gun police say was left in the car by his father and fatally shot himself in the head.

The accidental shooting in Tacoma marks the third in three weeks in Washington involving young children, and the second death. The spate of gun violence is raising questions about the effectiveness of the state's gun laws and community awareness of firearm safety.

Tacoma police Officer Naveed Benjamin said the 3-year-old boy's death highlights the need for people to secure guns.

“It is incredible in light of the other ones,” Benjamin said. “You would think people would take more care, not less.”

Tacoma police said the boy's death came after his father put his pistol under a seat and got out to pump gas while the mother went inside the convenience store. The boy's infant sister, who also was in the car when the gun went off, was not injured.

The Pierce County medical examiner has identified the boy as Julio Segura-McIntosh of Tacoma.

Detectives questioned the parents and have called the shooting a tragic accident, Benjamin said. The father has a concealed weapons permit, and no charges have been filed, he said. Pierce County Prosecutor Mark Lindquist said that he is reviewing the case for possible manslaughter charges.

Washington does not have a law specifically concerning child access to firearms, but state law is very specific about carrying loaded pistols in vehicles.

A person with a concealed weapons permit may carry a gun in a car in Washington state, but is required to have it on his person. If they have to leave it in the car, the law says it must be locked and concealed from view.

The Wednesday shooting follows the death of the 7-year-old daughter of a Marysville police officer in Stanwood on Saturday when a sibling found a gun and fired while the parents were out of their car. And on Feb. 22, an 8-year-old girl was critically wounded in a Bremerton classroom when a gun fired inside the backpack of a 9-year-old boy as he put it on a desk.

The two deaths represent an uptick in the number of these tragic accidents, according to Washington state health officials.

About one accidental firearm death of a child each year is typical in the state, according to state health statistics gathered between 2007 and 2010, said Health Department spokesman Tim Church. During that same time, an average of nine kids 17 and younger ended up in the hospital because of an accidental shooting, Church added.

“You can't predict what children are going to do,” Benjamin said. “You need to unload and lock it up if you're not carrying it. … It's really not that hard to practice firearm safety.”

A spokesman for the Second Amendment Foundation said existing laws are enough to encourage gun safety, as long as the gun owners obey them.

“Responsible people will maintain gun safety whether there is a law or not; irresponsible people will ignore the law,” said Dave Workman, senior editor of the group's publication, thegunmag.com. He said existing statutes, including child endangerment laws, were designed to prevent such tragedies.

Workman said what he can't figure out is why the two men left their guns in their vehicles when they were licensed to carry them.

“Most responsible gun owners, especially if they're licensed to carry, will keep their firearm with them,” Workman said.

Twenty-seven states have some form of law to prevent child access to firearms, but Washington is not one of them. Such laws can include criminal penalties for adults who allow children to get their hands on guns, according to the San Francisco-based group Legal Community Against Violence.

State Rep. Sam Hunt, D-Olympia, expressed doubt that the Legislature could succeed at overcoming opposition from gun rights advocates to strengthen state gun laws.

He said a former state representative tried and failed for years to strengthen restrictions on firearms sales at gun shows.

“The forces that be wouldn't even support doing that. It's pretty strong from the gun lobby that they don't want to see any change under any circumstance,” Hunt said.

Washington Cease Fire Executive Director Gregory Roberts responded to the latest shooting, saying, “We think guns are dangerous, but they are not treated as dangerous by our society or by laws or by our regulations,” he said. “We regard guns as some sort of sacred object that should not be subject to regulation.”

The Seattle organization is currently running a campaign of ads on buses urging people to think twice about owning guns. People with guns in their home or car are more likely to injure or kill a family member or loved one than to use it against an intruder, he said.

In Saturday's shooting, off-duty Marysville police Officer Derek Carlile had parked the family van near Stanwood City Hall, and he and his wife were out of the vehicle when one of their children found the loaded gun and fired. The shot hit 7-year-old Jenna Carlile, and the girl, the oldest of their four children, died Sunday at a Seattle hospital.

The 8-year-old Bremerton girl, Amina Kocer-Bowman, remained in serious condition at Harborview Medical Center in Seattle after nearly dying in the accidental shooting at Armin Jahr Elementary, where a classmate brought a handgun to class.

Authorities believe the boy took the .45-caliber gun from the glove compartment of a car while visiting his mother and her boyfriend at their home. He lives with an uncle.

___

AP newsmen Jonathan Kaminsky and Chris Grygiel contributed to this story.

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