VALDOSTA, Ga. (WALB) — The mother of a 10-year-old boy shot by a 9-year-old while the two were allegedly playing with a gun says her son is awake, alert and breathing on his own.

“Yes, he is woke and alert this morning,” Marshania English said. “He is un-sedated and watching television until plans are made to remove the bullet.”

The shooting happened Monday, Sept. 7, at Brittany Woods Apartments, according to the Valdosta Police Department (VPD). Officers said a 9-year-old boy told them he and the victim were playing with a gun when it went off.

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Police identified the victim as “Javion.” He was transported to a hospital in Florida for specialized care and was listed in “stable but critical” condition, according to police. A bullet remains lodged in the back of his neck.

As the investigation continues, Lowndes County District Attorney Brad Shealy addressed questions about whether a parent, gun owner or child could face charges in cases involving children and firearms.

Shealy said parents or gun owners can face charges if a child gets access to a gun and shoots another child, depending on the facts of the case.

“Well, the answer, the short answer is yes,” Shealy said.

Shealy referenced the case of Colin Gray, who he said was convicted earlier this year in connection with a shooting at Apalachee High School after his son had access to guns.

“[Colin Gray] was convicted for allowing his son to have access to the guns that led to the death of the people there at the school,” Shealy said. “In that case, there was a lot of evidence where the father had ample knowledge that his son could be a threat. They’ve had several police visits, several issues coming up that [Colt Gray] could be violent, but he still let him have access to the guns and got him a gun.”

Shealy said a parent does not need to be present at the time of a shooting to face charges.

“If the parent leaves it laying loaded on the table and goes out to go see somebody, and the child grabs the gun and then shoots somebody, then you could probably charge the parent there with involuntary manslaughter or reckless conduct,” Shealy said. “[A parent’s] presence is not required for the conviction. It’s just [the parent’s] actions that are a proximate cause that led to the death.”

Shealy said the circumstances change if a gun was properly secured.

“If the parent had the gun locked in a safe and the key hidden, and the parent is gone and the kid finds the gun and finds the key and unlocks it and gets the gun, you know, is [the parent] necessarily responsible if [their] child kills another child? You’d have to look at the fact of the case,” Shealy said.

Deciding who, if anyone, is charged

Shealy said prosecutors weigh several factors when deciding whether to charge a child, a parent, a gun owner or no one.

“A lot of those cases are case-by-case,” Shealy said. He described handling cases involving teenagers who knew how to handle guns and hunted together, where a gun discharged during cleaning and killed someone. “In that situation, it’s a clear accident, and you probably would not charge anybody in that absence of some evidence of reckless conduct.”

Shealy said pointing a gun at someone changes the analysis.

“If [a child] took the gun and pointed at [another child] and thinking it was unloaded and pulled the trigger, then you may charge the kid with reckless conduct because that’s the substantial risk of pointing the gun and pulling the trigger that somebody could die,” Shealy said.

Shealy said charging a parent requires evidence the parent knew the child could pose a danger.

“You would need some evidence that the parent knew that the child would be danger,” Shealy said. “You need some evidence that [the parent] allowed the child to have the gun or continue to have access to the gun after being told that the child may have some violence issues. You would have to have a pretty good set of facts that would show that the parent had knowledge that the child could be a potential danger to other children and that [the parent] in some way was lax in keeping the gun secure so the child couldn’t get to it.”

Shealy said many of these cases go before a grand jury.

“A lot of times, those cases have to go to grand jury to let them make a call on it because obviously the parent of the child that is killed is going to be upset, rightfully so, even though the evidence indicates that it was an accident,” Shealy said. “Typically in those types of situations, you only have those two people present. Those are tough cases.”

The National Shooting Sports Foundation lists steps for secure and safe firearm handling, including:

• Always keep the muzzle pointed in a safe direction.
• Firearms should be unloaded when not actually in use, and secured separately from ammunition, especially to prevent access by children.
• Don’t rely on a gun’s safety mechanism as a substitute for safe handling.
• Be sure of the target and what’s beyond it before firing.
• Use only correct ammunition for the firearm.

September 7 incident

The investigation into the Sept. 7 incident remains ongoing, and police said additional charges may be forthcoming as detectives continue to gather and review information.

Valdosta Police Chief Leslie Manahan previously said the shooting was preventable.

“Anytime a child is injured, especially in an incident like this that could have been prevented, it affects our community,” Manahan said. “Our thoughts are with the child and his family, as we pray for a quick and full recovery. This is a very tragic example of why firearms need to be kept in a secure location, where children cannot have easy access.”

Anyone with information is encouraged to call the Valdosta Police Department at 229-242-2606, the crime tip line at 229-293-3091, or file a tip online here.

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