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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Man charged in accidental summer shooting of child in Hayden

The shooting this week of an Idaho mom by her son while shopping at Wal-Mart was the second time this year that a 2-year-old accidentally shot someone in Hayden.

In the earlier incident, which occurred Aug. 23, a 2-year-old boy accidentally shot a 7-year-old in the head.

Criminal charges were filed last week in the case.

Joshua D. Smalley, 31, was booked into the Kootenai County Jail on Dec. 22 on charges of felony cruelty to a child and unlawful possession of a firearm by a felon. Smalley is the boyfriend of the 7-year-old’s mother, said Kootenai County Sheriff’s Office spokesman Lt. Stu Miller.

The boy was shot with a .22 caliber pistol and was initially in critical condition. He has since made a full recovery, Miller said.

The boy’s mother told investigators that Smalley stored the .22 and a .45 caliber handgun under the couch cushions, Miller said. The accidental shooting happened after an 11-year-old in the mobile home in the 9400 block of North Government Way gave the 2-year-old a cap gun.

“He was given a gun to play with but then found two other guns secluded in the couch,” Miller said. The 2-year-old apparently thought the .22 was a cap gun, Miller said.

Smalley’s criminal history includes convictions for conspiracy to possess a controlled substance and domestic battery.

Miller said court documents indicate that Smalley and the shooting victim’s mother are currently living together in Spokane.