No Charges In Toddler Shooting

Alabama Mobile  UPDATED Charges will not be filed in the death of a 3 year old boy shot in the head.
by Jessica Taloney
Published: Thu, August 06, 2009 - 11:06 am CST Last Updated: Thu, August 06, 2009 - 4:08 pm CST
Charges will not be filed in the death of a 3 year old boy shot in the head by his 9 year old brother.

Investigators say Elijah Porter was killed around 9 pm Wednesday at the family's home on McArthur Street in the Maysville Community.

Corporal Charles Bagsby, a spokesperson for the Mobile Police Department, says the children's mother was at work and their father was at the store when the shooting happened. The kids were home with their 15 year old sister.

Mobile County District Attorney John Tyson says the gun belonged to the children's mother, but it was stored high enough that she thought the kids could not reach it. Tyson says the mother also stored the gun separate from the bullets and told police she did not know there was one bullet left loaded.

According to police, the 9 year old was playing with the handgun when he pointed it at his brother and pulled the trigger. The toddler was rushed to the University of South Alabama Medical Center where he was pronounced dead.

A steady stream of friends and family members visited the grieving parents Thursday morning. One neighbor described the brothers as inseparable, saying where one went the other followed.

The name of the 9 year old child has not been released.
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I agree. I do not see a connection with this case and the case of the two teens. There have been some information coming in and out about a 911 dispatcher claiming that the shooting was a result of an argument. That is not to say that she was intending on killing the girl, but possibly something she grabbed, to scare her. However, that is just hearsay. As for this case, it was not the 15 year old that had the gun. It was the 9 year old, which I do not feel has the mental capability to know what he is doing. If the mother herself had no idea that the gun was loaded and thought that it was indeed empty than why should the girl think any differently. Like I stated before this whole tragedy can take place in a matter of seconds. The parents have already lost one child. Charging another for something she had no control over is not going to have any justice.

Da diffrence is kx i know the family do you know anybody who’s lost a child to another . i have a 14 year old she enjoy cheering in highschool ,talking to boys sneaking of course,hanging out with friends when possible not aiming guns at beautiful lil girls heads .besides that gun was a 357 you can see that it’s loaded AND YOU HAVE TO SQUEEZE THE TRIGGER and envy could be a motive.

4thekids I don’t know about the 5 year thing but I do think gun owners should be careful when storing their weapons,if you have children in your home you should keep your weapons secured with trigger locks or in a safe while not in your possession so the children can’t fire them even if they do get their hands on them.as for being prosecuted for crimes committed by a thief I have to disagree with you,if someone breaks in and steals your gun and commits a crime then the criminal is the only one that should be prosecuted.if someone steals your car and kills someone with it while committing a crime should you be held responsible for that crime?,of course not and the same rule goes for a gun.

the parents should not be allowed to own another gun or at least not for at least 5 yrs. the 15 yr old is the victim of her parents unfortunate ownership of a gun they hadn’t 100% checked & hid in a place that their 9 yr old could find it. these are the risks you take when owning a gun. it’s funny that people want punishment to come to people who only hurt themselves in this situation but, think it’s stupid to punish people who’s guns are stolen from their homes or cars and these used later to kill someone else in a crime…in both cases the owner is ultimately at fault because they are the ones who bought it & are the only ones responsible for it being unloaded and put up safely…everything is all cause & effect.

KxVicious, she was charged with manslaughter. She should have been charged with murder though, because it was intentional.

WHAT ABOUT KELLIE???

It was on the news LAST WEEK. Her friend was playing with a gun and SHOT HER.

That girl is being charged with MURDER.

Don’t you think she’s “suffering enough” having MURDERED her friend?

What is the difference??

OMG CHOCOLATE COVERED BACON!  I know its a bit off topic but i gotta have some.

Doug i can tell you don’t have kids i mean it’s very apparent.

I think they’ve been punished enough .

The parents should be charged with child neglect, the 9-year-old charged with manslaughter.

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