Warren dad faces charges in son’s accidental shooting
Macomb County authorities urged parents Wednesday to secure their guns as a Warren father faces charges after his 8-year-old son accidentally shot himself in the face with the father’s unlocked and loaded gun.
Theo Nichols, 56, is the first person in Macomb County charged under Michigan’s new safe storage law.
His son, who police did not identify by name, was in “extremely critical” condition Wednesday at a Detroit hospital, Warren police said.
Nichols is charged with second-degree child abuse, a 10-year felony; firearm safe storage violation, a 10-year felony; possession of a firearm by a prohibited person, a five-year felony, and a misdemeanor firearm safe storage violation, according to the county prosecutor’s office.
He was being held in the county jail on a $250,000 bond. A probable cause conference is set for April 30, according to jail records.
“How tragic. Even though the law’s in place, you can clearly see that people violate the law . ... A father is in jail right now ... and we have a child that is in critical condition,” Prosecutor Peter Lucido said during a news conference at Warren police headquarters.
Lucido said additional charges could be filed if the child dies.
Nichols’ attorney, assistant public defender Noel Erinjeri, had no comment Wednesday.
Warren Police Commissioner Charles Rushton demonstrated using a gun lock on a training weapon, a process that took seconds. Warren police said gun locks are available for free, given out without question except how many locks are needed, by the department as well as other law enforcement agencies in the county.
Rushton said this shooting was “preventable.”
“Very simple steps could have been taken to prevent the child from having access to a loaded weapon,” he said, adding weapons can be secured in a safe inaccessible to children or with a gun lock. “If (a gun lock) would have been used, this tragedy would not have occurred.”
Investigators said the boy’s mother, 33, and Nichols were home at the time of the shooting with a Glock 40-caliber handgun that Nichols bought on the street in Detroit a couple of months ago for personal protection.
Nichols has a prior felony drug-related conviction, police said, preventing him from buying a gun legally. They said the gun was reported lost in 2022 out of Westland.
Police and fire crews were sent around 3:30 p.m. Friday to an apartment in the Cove on 10 apartment complex at Hoover and 10 Mile roads after receiving a frantic 911 call from the mother, who said her child had accidentally shot himself. They found the boy with a gunshot wound to his face and head area.
Three other children were in the apartment at the time of the shooting — a 6-year-old girl and 6-month-old twins. They all are children of Nichols and the mother, police said, and the other children, who were not hurt, are with family members.
Lt. John Gajewski said it appears the boy used a chair to get to the gun. Executive Lt. Scott Isaacson said it was stored on top of an upper kitchen cabinet. Gajewski said there were no safes, lock boxes or gun locks found in the residence. Isaacson said one shot was fired.
The criminal investigation and a separate investigation by Children’s Protective Services are ongoing, authorities said.
“No one’s a winner here. This is a tragic, tragic event. We’ve gotta now prosecute a father for doing something that he shouldn’t have done. And he’ll lose a child, potentially, over this. I hope not. I hope God saves (this) child,” Lucido said.
“Unfortunately when we’ve come to a realization that these weapons are killing children and these children are innocent because they’re curious as to a gun, we have no other alternative but to enforce the law as written by the legislators,” he continued. “In this case here, again, it serves a tragic warning to every family out there: Do your part. Do not back down. If you own a gun and you have children, then their safety is at risk.”
While Nichols is the first person in Macomb County charged with violating the state’s new firearms safe storage law, a Flint man is believed to be the first person in Michigan charged with violating the law after his 2-yearold daughter was shot in the head on Valentine’s Day — the day after the law took effect.
That was according to Genesee County Prosecutor David Leyton and state Sen. Kristen McDonald Rivet, D-Bay City, who introduced the legislation, during a news conference in February. They announced Michael Tolbert, then 44, was facing nine charges, including first-degree child abuse, lying to a police officer about a violent crime investigation as well as firearms-safe storage violations and felony firearm offenses.
In March, Tolbert was referred for a competency evaluation, according to district court records. His next hearing is May 23.
In that case, Leyton said Flint police were sent on Feb. 14 to Hurley Medical Center in Flint regarding a shooting victim who was brought to the hospital in a personal vehicle. They learned 28-month-old Skye McBride had a gunshot wound to her head, he said.
Authorities said she accidentally shot herself in the face with the man’s loaded handgun. Leyton said, per medical center staff, the bullet entered the girl’s right eye and exited through the rear of her skull.
A GoFundMe account was created for the girl’s family by her aunt, LaDorothy Griggs. The latest update on March 15 stated the girl was doing “amazing in rehab, she was able to officially get her trach removed today and is now eating regular meals. We are so proud of her and thankful to the Lord for his continuous miraculous work he is doing for Skye. Thank you all as well for the non stop support and prayers. (Heart emoji) #Skyestrong”