Gun ‘accidents’ involving kids often go unpunished

Loaded weapons within children’s reach

DURHAM, N.C., May 25, (AP): Amy Pittman learned on her first day in jail to bottle up her grief.

As soon as she arrived, guards took her shoelaces so she wouldn’t try to hang herself. Cry too much or scream too loud and she feared they would come back to take everything she had left — her clothes, a sheet, a plastic spork.

But how could she not? How could anyone? Ten weeks before, Pittman was a single mom who worked overnight shifts as a gas station cashier to keep her three kids fed and clothed.

Now, alone in a cinderblock cell, she faced criminal charges for not doing enough to protect them. She pictured her youngest, Christian, 9, in his coffin. Blue shirt neatly tucked. Cold to the touch. Dead at the hands of his 12-year-old brother, who had accidentally shot him in the back.

“Five minutes can change your whole life,” said Pittman, 38. “I wish every day that I would have stayed home.”

Children under age 12 die from gun accidents in the United States about once a week, on average. Almost every death begins with the same basic circumstances: an unsecured and loaded gun, a guardian’s lapse in attention. And each ends with the same basic questions: Who is to blame, and should the person be punished?

An investigation by the USA TODAY Network and The Associated Press found those questions are answered haphazardly across the nation.

Nearly identical accidents can have markedly different outcomes. A shooting that leads to a prison sentence in one state can end with no prosecution at all in another.

In 2015, a baby sitter in North Carolina was charged with involuntary manslaughter when a 2-year-old she was watching shot herself with a 20-gauge shotgun she found on a table. Two months later, police and prosecutors in Colorado opted not to charge a baby sitter after a 9-year-old boy was shot by his brother. The sitter had briefly left the boys unattended, and they found his loaded .38 Special in his pickup.

Grandparents in Detroit, both 65, faced manslaughter and weapons charges that could have sent them to prison for 17 years after their 5-year-old granddaughter found a loaded pistol under their pillow and shot herself in the neck. In Illinois, a grandmother pleaded guilty to a minor gun charge and received probation after a 6-yearold boy found a revolver in a bedroom closet and shot himself: “Oh my God, I killed my baby!” she screamed to police at the scene.

Blame

Pittman

In the days after the April 2014 death of Amy Pittman’s son, a second-grader with thick black hair he often wore in a mohawk, the decision of whom to blame fell to Cindy Kenney, an assistant district attorney in Durham whose usual mix of cases includes murders and sex assaults against children. She said Christian’s death seemed to be no ordinary accident.

Investigators said that in addition to the shotgun that killed Christian, they found a handgun under a mattress in a bedroom and an assault rifle in the closet. They found 100 rounds of ammunition in a grocery bag, and Kenney would later tell a judge that Pittman’s underwear drawer “had more ammunition in it than it did panties.”

In a country with almost as many guns as there are people, it’s not unusual to find loaded weapons within children’s reach. One study published in 2008 in the journal Health Education Research found that firearms are present in about one-third of all homes with children nationwide. Guns in half of those homes were kept unlocked; guns in one-sixth of them were kept loaded.

In that sense, the accident that killed Pittman’s son was like many others. What set it apart, prosecutors said later, was that she should have known better.

Kenney said someone had called the county’s child welfare agency to say Pittman’s children were seen chasing one another through the neighborhood with guns. A social services worker met with her, warned her that it was illegal to leave guns near unsupervised children and offered to buy her a gun safe so she could secure them. Pittman’s response, Kenney said later, was that the county should stay out of her business.

Pittman tells a starkly different story. She said she was never contacted by social services officials and insists she was unaware of the guns in her house, which belonged to her boyfriend. (Kenney said prosecutors did not charge her boyfriend because, unlike Pittman, he did not have a legal duty to keep her kids safe.) Police, prosecutors and the social services office declined to release any records about her son’s death.

Prosecutors throughout the country say deciding whether to bring charges is seldom easy. Parents are suffering, and heaping a criminal prosecution on top of that grief may not do much to teach others to handle their guns more carefully. In some cases, the decision to seek charges can cost the surviving kids their parent.

Kenney did not struggle with her decision.

Happen

“Accidents happen, but this case mandated our charges,” Kenney said. “It’s awful, you don’t bring these charges lightly, but all of this could have been prevented.”

Less than three months after the shooting, a grand jury indicted Amy Pittman on charges of involuntary manslaughter and three counts of felony child abuse. Pittman, the grand jury said, “willfully and feloniously did kill and slay Christian Pittman.”

Pittman dropped her children with their grandmother and waited at a friend’s house to be arrested. She wouldn’t see them for almost a year and a half.

Journalists from the USA TODAY Network and the AP spent months using information from the nonpartisan Gun Violence Archive, news reports and police records to examine all of the 152 accidents from 2014 to 2016 in which children under age 12 either killed themselves or were mistakenly shot and killed by another child.

The review found that about half of those deaths led to a criminal charge, usually against adults who police and prosecutors say should have watched the children more closely or secured their guns more carefully. The rest of the time, officials decided the grownups had broken no laws, or perhaps had simply suffered enough. In many cases, there was little to distinguish those deaths that led to a criminal charge from those that did not.

Felons were the only exception. Because it is illegal for anyone who has been convicted of a felony to possess a gun, almost every felon involved in an accidental gun death faced criminal charges.

Even when gun accidents do lead to criminal charges, most parents and guardians still avoid prison. Pittman was one of 50 people to be convicted of a crime following the accidents the news organizations reviewed, although a few cases are pending. Slightly less than half of those people were sentenced to probation; the rest were ordered locked up, typically for about four years.

For parents and guardians who are not felons, the stark division in outcomes reflects the struggle prosecutors face after almost any accidental death.

“You feel an enormous amount of sympathy for these parents because it’s the most unimaginable loss there is when you lose a child. Prosecutors understandably struggle with the deterrent value with filing charges,” said Jennifer Collins, dean of Southern Methodist University Law School, who has studied prosecutions of negligent parents.

The same pattern plays out when children drown in swimming pools or suffocate in hot cars. Collins studied such cases a decade ago and found that about half ended in prosecutions; much of the time, prosecutors applied what she called a “suffering discount” as they looked for a balance between deterrence, retribution and mercy.

The government’s most recent official count of gun deaths, by the US Centers for Disease Control and Prevention, identified 77 minors who died in gun accidents in 2015, but the AP and USA TODAY counted 146 for that year, including 96 in which a child either shot themselves or another child

By either measure, gun accidents account for a small share of children’s deaths in the US About the same number of children die each year in hot cars and poisoning incidents. About five times as many die in fires and 12 times as many drown.