Minnesota father of 4 year old who shot brother accidentally found guilty

Minnesota is a state with a Child Access Prevention Law. A father has now been found guilty of leaving a loaded, unsecured gun where his 4 year son found it and then shot his brother:

The grieving father knew he made mistakes that allowed his 4-year-old son to find an unsecured handgun and shoot and kill his younger brother. Still, he maintained that what happened was an accident, not a crime.

It’s why he rejected several plea deals from prosecutors that likely would have kept him out of prison in exchange for admitting to a felony. Xiong took his case to trial, trusting a jury to see things the way he did.

The strategy failed Friday when a jury convicted him of two felony counts of second-degree manslaughter and two gross-misdemeanor counts of child endangerment, leaving Xiong stunned and facing a possible four-year prison sentence. His mother wailed and his brother cursed the judge and jury as deputies led him away. Members of the jury quietly walked out of the courtroom, brushing tears from their eyes.

Xiong was acquitted of a third gross- misdemeanor child endangerment count.

It was a dramatic end to an emotionally wrenching case that began when Neegnco, 2, was shot in the chest on Dec. 5, 2012, by his older brother, who was playing with a loaded handgun in an upstairs bedroom while their parents were downstairs making lunch.

He died at the scene.

“Our position is this has always been an accident, and it has never been about manslaughter,” said his attorney, Steve Meshbesher, adding that a juror told him he was sorry. “What does that tell you? It tells me a mistake was made in the courtroom.” (...) 

The gun was one of eight that police found in Xiong’s south Minneapolis home, where the family’s four children lived.

Meshbesher countered that the gun was safely hidden between the headboard and the mattress in a holster, and although loaded, it was not likely to be found by the 4-year-old.

The conviction calls for four years in prison under state guidelines, although Judge Daniel Moreno will make the final decision when Xiong is sentenced June 27. Hennepin County Attorney Mike Freeman said that the case is the fourth in recent years involving a child hurt or killed by a gun carelessly left out by a father or other male and that there was little hesitation when it came to charging Xiong.

“We need to send messages,” Freeman said. “We’re not looking for profound penalties for these people. We’re looking for messages: Don’t keep loaded handguns accessible to kids.”

Every gun in the hands of a child must first pass through the hands of an adult.

Two California teens injured in drive-by shooting

A drive by shooting injured a 15 and 16 year old teen in Fresno, California:

Police say two teenagers are recovering after being shot near C and Inyo Streets in Downtown Fresno.

Witnesses told investigators a brown van pulled up to the 15 and 16-year-old boys and began shooting. This happened just outside the victims' home.

The teenagers dropped the bicycles they were riding and ran for cover, but they were struck by the spray of bullets.

When police arrived the two boys were in the backyard of their home, where family members were trying to stop the gunshot wounds from bleeding.

"The investigation shows it appears to possibly be gang related," said Lt. Jose Garza. "Of course it's the beginning of the investigation so our detectives are working on it right to determine the exact motive of the shooting and whose responsible for the shooting."

Investigators say they're not sure of the make or model of the shooter's van. All they will say right now is the van is brown.

15 year old Chicago boy shot and killed after moving away from violence

Sadly, this 15 year old boy was shot and killed in Chicago on Thursday. He had just moved away to California to get away from the violence in Chicago. From the article:

Patrick Sykes was shot and killed Thursday afternoon near the1800-block of West 85th Street, according to police. Sykes moved to California six months ago to escape the violence and he returned to Chicago for his summer break, his grandmother told ABC7 News.

Sykes' father was reportedly killed two years ago about two blocks from Thursday's shooting and his murder remains unsolved.

Toddler finds gun, shoots self in face, dies

2-year-old Trenton Mathis, of Cherokee County, Texas, found a loaded, unlocked handgun in his home Wednesday and unintentionally shot himself in the face. The toddler was rushed to the hospital in Tyler but was pronounced dead. According to news reports:

Mathis' great grandmother, Carolyn, told KLTV that Trenton went looking for gum through a bedroom door that was not closed all the way. He got onto her bed, and found the handgun on a nightstand.
Trenton and three other children were placed in the home of Carolyn Mathis and her husband late last year after abuse and neglect in their parents' home.
At a custody hearing, a judge ruled against a Child Protective Services recommendation that the children be relocated to somewhere other than the great grandparents' home. CPS deemed the home to be unsafe.

17 year old North Carolina boy shoots himself playing with guns

A 17 year old North Carolina boy is dead after he and some friends were "playing with guns". This occurred just a few days after his high school graduation.


From an article:

"It's just a senseless tragedy that should never happen," said Skyler's grandmother, Judy Mincey.

The details of the incident are still under investigation, but a Blount County Sheriff's Office spokesperson did say the incident appears to be an accident.

However, the occurrence confused Skyler's grandfather, Jerry Mincey, who said the high school senior had experience with guns.

"We got conflicting stories that they were playing with guns, playing a war game," he said.

Boring just graduated from Heritage High School.  He was the co-captain of the wrestling team and planned to attend Pellissippi State in the Fall.

Every gun in the hands of a child must first pass through the hands of an adult.

Colorado woman shoots and kills 9 year old son

Before turning the gun on herself, a Colorado mother shot and killed her 9 year old son:

A Stagecoach mom shot and killed her 9-year-old son early Wednesday morning before turning the gun on herself, according to a preliminary investigation by the Routt County Sheriff’s Office.

#Lisa Marie Lesyshen, 45, was found in her home unconscious with a single gunshot wound by Sheriff’s Office deputies in the early hours of Wednesday. She was taken by ambulance to Yampa Valley Medical Center. Lesyshen was alive as of 4:30 p.m. and being guarded by Sheriff's Office deputies, according to Undersheriff Ray Birch. Her condition is unknown.

#Asher Lesyshen-Kirlan was found dead inside the home. He was a third-grader at Soda Creek Elementary School in Steamboat Springs.

#According to the Sheriff’s Office, deputies were called by Michael Kirlan, Asher’s father, to the home near the south shore of Stagecoach Reservoir at 2:55 a.m. for a reported suicide attempt with multiple victims.

#The deputies were met by Kirlan, who told them his son was dead inside the home and that his wife, Lesyshen, was upstairs with a gun. Deputies entered the home and found Asher’s body, and then discovered Lesyshen.

#“A preliminary interview of Michael Kirlan suggests that his wife, Lisa Lesyshen, shot their son Asher and then shot herself,” the Sheriff’s Office said in a news release.

#Birch refused to discuss possible motives for the shooting.

Minneapolis elementary student brings gun to school in backpack

A gun was discharged in a student's backpack outside of  Minneapolis elementary school. From an article:

An investigation is underway after a gun went off in the backpack of an elementary school student.

Bethune Community School is a pre-K through fifth grade school. On Tuesday just before students were dismissed for the day a gun was accidentally discharged from inside a student's backpack but no one was injured, according district spokesperson Rachel Hicks.

Neither Hicks nor Minneapolis police could say how the student got the gun or how it went off.

Hicks said the district has a strict policy when it comes to weapons in schools. She could not comment directly about the student's discipline citing data privacy laws but in a written statement Hicks wrote:

"Weapons of any kind are strictly prohibited on school property...although Federal Law requires us to recommend expulsion in all cases of a student possessing a gun at schools...the superintendent can and regularly does use discretion in recommending appropriate disciplinary action."

Police spokesperson Cyndi Barrington said the student is too young to be charged with a crime but their investigation continues.

Every gun in the hands of a child must first pass through the hands of an adult.