NV - Robert Martin, 5, shot dead with gun found in toybox, 25 Sept 2011

What in the world were real guns doing in a toy box?
 
What were six guns total doing in ahouse with kids under the age of 12 (at least 2, there could have been more.) And what was a gun doing in the playroom? Just because of where I live, the easiest answer to me is that either this is a drug house, where there are guns everywhere for easy access, or the gun owner in this case has to be the most negligent person in the history of licensed firearms.
 
May 2012:

Inside Henderson Justice Court Thursday morning, attorneys argued over moving forward with the case against Sidney Jacobs, a man facing one count of child abuse with substantial bodily harm.

It was inside his MacDonald Ranch home on Sept. 25, when 5-year-old Robert Martin IV was fatally shot in the chest with a gun found in a toy chest.

"He was an angel," said Christin Wacaser, Robert's mother, who told FOX5 that her son was athletic, energetic and smart.

http://www.fox5vegas.com/story/18527633/mother-continues-quest-for-justice-in-toy-box-shooting
 
February 2013:

A legal technicality may set a Henderson man free in what prosecutors firmly believe is a case of child abuse...

Prosecutors charged Jacobs with child abuse causing substantial bodily harm, but his attorney argued that is not the proper charge to be applied...

"I found it in a cardboard box labeled ‘treasure box'," the boy testified. A prosecutor asked: "And where was that box?" The boy replied: "It was on the shelves in the back of the room."

The 13-year-old, whose name FOX5 is withholding, said he thought the gun was fake...

Draskovich admitted there is clear civil liability on his client's behalf, but contends it was not criminal.

If the case is ultimately dismissed, prosecutors could choose to file charges under a different crime.

http://www.fox5vegas.com/story/21193103/trial-uncertain-in-henderson-treasure-box-shooting
 
June 2013:

A child abuse case that stemmed from the accidental shooting of a 5-year-old boy was dismissed Thursday by a Henderson judge who said the charge “does not fit the facts” in the case...

The case lingered for nearly two years in the justice system while Jacobs made various legal challenges. Last year, the Clark County district attorney’s office was disqualified from prosecuting the case because of a conflict of interest...

In April, Draskovich filed a motion to dismiss the case. He argued prosecutors could not prove Jacobs acted intentionally.

“Mr. Jacobs did nothing to harm the child nor did he know of any abuse or neglect to the child,” Draskovich wrote.

The attorney also argued the child abuse charge did not apply because Jacobs did not have a “caretaker relationship” with the victim, whose mother was in the home at the time of the shooting...


Gibson also noted that Jacobs, whom he described as “kind of an argumentative fellow,” had not exercised the best judgment while the case was pending.

“I understand he was under a lot of stress, and I appreciate that,” the judge said.

Before Siegel took over the case, a chief deputy district attorney accused Jacobs of trying to intimidate prosecutors. Jacobs, who is now out of custody, also was recently arrested at the Henderson courthouse after he was accused of threatening a clerk...

If anyone should be charged with a crime, the judge said, it should be the person who brought Bobby to the home or the person who prepared the room where the shooting occurred...

Jacobs’ girlfriend, Jessica Corso, had prepared the room. Both she and Jacobs have denied that the gun was in the treasure box. Jacobs also has repeatedly expressed his view that the shooting was intentional.

http://m.reviewjournal.com/news/crime-courts/case-dismissed-against-homeowner-gun-toy-box
 

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