Parents settle suit in teen’s gun death
Family of Ethan Song, who accidentally shot himself, resolve case against gun’s owner
The parents of a Guilford teenager who accidentally killed himself with a .357 Magnum have settled their lawsuit against the gun owner, a prominent New Haven private investigator, for $1 million.
Kristen and Michael Song had filed the federal lawsuit on behalf of their son Ethan Song’s estate against Daniel Markle last year, alleging that Markle was negligent in that he “unsafely stored and/or kept a loaded gun on the premises when he knew or should have known that a minor was likely to gain access to the gun.”
The confidential settlement of the lawsuit was in July, but the terms of it were submitted as part of the final accounting of the 15-year-old’s probate estate. The Song’s ultimately received $776,490 after legal fees and probate fees were paid, according to probate records.
Ethan Song, 15, accidentally shot and killed himself in January with a firearm that had been stored in the bedroom closet at the Guilford home where Daniel Markle was living with his teenage son, who was a close friend of Song’s. The two teenagers were the only ones at the rented Seaside Avenue home when the shooting occurred.
Markle’s son was charged with second-degree manslaughter. The case was referred to juvenile court in Waterbury. It is unclear where the criminal case currently stands because juvenile cases are sealed. The case was transferred from New Haven to Waterbury to avoid any potential conflicts of interest.
The Songs were angered when prosecutors declined to file charges against Daniel Markle for not properly storing his weapons.
In her report on the shooting Waterbury State’s Attorney Maureen Platt said that the .357 Magnum was one of three guns owned by Markle.
All three were stored in a cardboard box inside of a large Tupperware container in this closet. Each weapon was secured with an operable gun lock. The keys to the gun locks on the three weapons were hidden in the same Tupperware container in a separate area hidden under other clothing.
Platt concluded there was no evidence that Song knew the gun was loaded or that he had any role in loading it on the day of the shooting. Platt declined to comment Monday on the status of the criminal case.
Platt decided that charges couldn’t be filed against the elder Markle because there is no proof that he stored the weapon in a loaded state — a key element necessary to charge someone with unlawful storage of a gun.
Kristen Song has blamed Markle for her son’s death, criticizing him publicly on several occasions. Markle is the son of former New Haven State’s Attorney Arnold Markle.
In a four-minute speech on the steps of the Congregational Church in Guilford following the announcement that Daniel Markle wouldn’t be charged, she called him a “coward” for letting his son take the blame. She said Markle was reckless and negligent for poorly storing his three guns and encouraging the boys to learn to shoot.
“Dan Markle knew the power of those guns and the damage they could do. It is Dan Markle who has Ethan’s blood on his hands,” Kristin Song said. “But instead of Dan Markle stepping up like a man and taking responsibility for his actions and his reckless storing of his guns, he is allowing his son to shoulder the blame. His son will carry that heavy burden forever.”
Following that ruling by Platt, the Songs filed their lawsuit in federal court. The lawsuit, which also named Markle’s firm, Markle Investigations, also alleged that Markle failed to instruct his son on gun safety, failed to warn visitors that there was a loaded gun in the house, and failed to provide a warning to the parents of minors visiting the house.
As the lawsuit progressed the two sides asked the probate judge to seal any possible court settlements from the public to avoid publicity.
“The publicity has generated significant hostile reaction from people involved in the gun control debate,” attorney Kimberly Andrade wrote in her motion to seal the settlement.
But probate judge Mark J. DeGennaro denied the request, saying no reason had been presented that “overrides the public interest in open court proceedings and access to the record.’
Since their son’s death the Songs have pushed to change state and federal laws in regards to how guns are stored and what the criminal consequences should be for those who don’t properly store weapons.
Earlier this year state legislators passed what became known as “Ethan’s Law” that now requires gun owners to safely store firearms in homes where a minor is present or face possible jail time. Current law only applies to firearms that are loaded.
Investigators never revealed the circumstances of how Song shot himself. Platt’s report said it wasn’t the first time the teenagers had played with the gun, and that they had put it back without anyone noticing in the past.
Police have also charged the juvenile in connection to the previous incident, which they did not describe. He was charged with first-degree reckless endangerment for the previous case.
The Songs also have taken their quest to Congress, traveling to Washington, where members of the Connecticut delegation introduced similar legislation in Congress. The legislation is expected to face a much tougher path in Congress than in Connecticut, which has passed numerous gun safety laws since the Sandy Hook School shooting.
Following the approval of the new state law Kristin Song said activism has helped her cope with her son’s death, “just getting out there and fighting for every other child.”
“So now people understand if you have a deadly weapon in your home, you have to be more aware of it, just as you’re aware of your pool, just as you’re aware of putting your child in a car seat, or putting your seat belt on,” Kristen Song said following the passing of Ethan’s Law.
“That’s what you do, so hopefully no one will ever have to walk the journey my family has, because it absolutely shatters you.”