Grand jury declines to indict sergeant in accidental shooting of stepson, 4
A Harris County grand jury has declined to indict a sergeant accused of making a firearm accessible to his 4year-old stepson, who accidentally shot himself in the head in July 2018.
The decision comes months after a separate grand jury chose to indict the stepfather in the incident. Prosecutors at the time said the boy opened Tommy Anderson’s unlocked gun safe at the family’s Hockley home and shot himself with a loaded handgun he found there.
The original indictment was handed down in September 2019, according to court records. Anderson posted bond on the misdemeanor charge, which would have been punishable by up to a year in jail if he were convicted.
Prosecutors brought the case back to a grand jury, which made a separate decision Wednesday not to indict Anderson, the Harris County District Attorney’s Office confirmed Friday.
“A Harris County grand jury voted that an indictment was not warranted in this matter,” said Dane Schiller, spokesman for the district attorney’s office.
“Because grand jury proceedings are secret by law, we can’t discuss what specifically was presented to grand jurors. This case has been heartbreaking for all involved, and is a reminder to all of us that gun safety is of the utmost importance, especially with children in the home.”
Evidence in a case can be brought before multiple grand juries, even if an indictment had already been decided by a prior group. The latest grand jury would have been composed of different people than the first grand jury, because grand juries meet for threemonth terms.
Because of the secrecy involved in grand juries, Schiller said he couldn’t share whether any new evidence, material or testimony was brought before the second grand jury.
The child survived the shooting but was “battling for his life” in the following days, according to the Harris County Sheriff’s Office. The firearm wasn’t Anderson’s duty weapon.
The sergeant was placed on civilian administrative duty at the sheriff’s office pending the outcome of the case and will be reinstated to patrol duty, spokesman Jason Spencer said.