PARENTS KILLED AMBER ALERT ISSUED FOR 13-YEAR-OLD DAUGHTER
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FL - Desjay Mosley, 3, dies after finding loaded gun, Homestead, 5 Dec 2009

Discussion in 'Crimes-Spotlight on Children' started by daisy7, Dec 6, 2009.

  1. daisy7

    daisy7 Retired WS Staff

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    HOMESTEAD (CBS4) ―One day after a 3-year-old girl accidentally shot and killed herself inside a Homestead house, the child's family members are grieving the senseless loss.

    The accident happened inside David Coley's home. He didn't answer the door Sunday. His mother told CBS4 News over the phone he is too sad to talk and wants to put the incident behind him.

    (snipped)

    http://cbs4.com/local/gun.shooting.child.2.1353432.html

    Such a senseless tragedy.
     
  2. panthera

    panthera Retired WS Staff

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    Too bad he didn't think to empty the weapon before stashing it under the loveseat cushion. :cry:
     
  3. TakeNote

    TakeNote Mother to little post it my boy wonder & Founding

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    :(

    *so sad*
     
  4. southcitymom

    southcitymom New Member

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    God bless this family.
     
  5. LaLaw2000

    LaLaw2000 Louisiana

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    I think he should be charged with something because who leaves a loaded gun within reach of a small child?

    I have all of my late husband's rifles, shotguns, and handguns unloaded and locked up in a gun cabinet. I have two handguns myself. One is loaded and one is not. There are no children in my home and when one of my grandchildren visit, the loaded gun is not within reach. That is responsible gun ownership.

    What this guy did was negligent and was an accident just waiting to happen, IMO. A small child lost her life because of her Dad's negligence. And what was he so scared of that he had to have a loaded weapon under the cushion in the loveseat????

    Moo
     
  6. Yakwoman

    Yakwoman 25 cents a look!

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    I guess I read a different story. I was under the impression that the man lived alone and removed the gun from his car because his daughter was borrowing the car. He stashed it under a loveseat cushion and forgot about it. Days later, his granddaughter was visiting and she found it. It truly does sound like an tragic accident.
     
  7. Gozgals

    Gozgals New Member

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    Blessing to this family--- how very sad to read this...


    Why didn't he unload the weapon to prevent this type of tragedy? It says he forgot the gun was there. Even so, a weapon should always be unloaded right way to prevent an incident just like this one....

    I wonder if there will be charges in the future?


    Gozgals
     
  8. dsntslp

    dsntslp New Member

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    http://www.saf.org/LawReviews/White1.html

    Quote:
    In 1989 Florida became the first state to pass a statute imposing criminal liability for the negligent storing of a firearm.[176] The statute was the result of public outrage at the accidental shootings of several children in a short period of time.[177] The legislature considered the need for this law so urgent that it held a special session to pass the law.[178] Soon thereafter California followed with a similar statute in an effort to decrease the number of accidents involving children and guns.[179] Endquote

    There is a lot of information at this site. I have not checked Shepards for updates or changes in the law.

    I live in Florida, we have many guns. The first thing we do when we know my grandson will be here is put them in the safe. There is no excuse. If you own a gun you are responsible for it, imo.

    To my knowledge the possible charge at this time is only a misdemeanor.
     
  9. sniperacer

    sniperacer Former Member

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    Agreed / same in California.

    I've had handguns and rifles since before my childrem were born. IMO, THERE IS NO EXCUSE FOR A CHILD FINDING A GUN, LOADED OR NOT.

    Enough said.
     
  10. dsntslp

    dsntslp New Member

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    It is a second degree Mis-D re: improper storage of a firearm

    http://www.leg.state.fl.us/statutes...TM&Title=->2009->Ch0790->Section 174#0790.174

    FL SS 790.174 (2)
    (2) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor's parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law: endquote
     
  11. sniperacer

    sniperacer Former Member

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    Here in CA, I seem to recall a homicide trial in a case like this one? They said the misdemeanor would be for simple access (not resulting in death) by a minor. But when death is involved, the misdemeanor gets bumped up? It might have been when one child killed another (friend) child? Sorry, I just can not remember the details.
     
  12. dsntslp

    dsntslp New Member

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    Ah, yes. My apologies for the incorrect statute. Thank you for bringing that to my attention, truly.

    3rd degree felony.

    http://www.leg.state.fl.us/statutes...y_Statute&Search_String=&URL=Ch0784/Sec05.HTM

    FL SS
    784.05 Culpable negligence.--

    (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:

    (a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;

    (b) If the minor obtains the firearm as a result of an unlawful entry by any person;

    (c) To injuries resulting from target or sport shooting accidents or hunting accidents; or

    (d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.

    When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.

    1(4) As used in this act, the term "minor" means any person under the age of 16.

    History.--s. 1, ch. 5212, 1903; GS 3229; RGS 5062; CGL 7164; s. 733, ch. 71-136; s. 21, ch. 74-383; s. 11, ch. 75-298; ss. 3, 7, ch. 89-534; s. 1199, ch. 97-102.

    1Note.--Also published at s. 790.174(3).
     
  13. dsntslp

    dsntslp New Member

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    The statement that he "wants to put the incident behind him" this early in the process really gets under my skin.
     
  14. Hopeful One

    Hopeful One Blessed are the cracked for they are the ones who

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    Horribly sad. This makes me sick to my stomach.
     
  15. Hopeful One

    Hopeful One Blessed are the cracked for they are the ones who

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    I agree. That stood out to me too. However, she could have just misspoken without realizing how heartless it sounds.
     
  16. daisy7

    daisy7 Retired WS Staff

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    (snipped)

    http://www.miamiherald.com/1460/story/1369785.html

    RIP little Desjay.
     
  17. daisy7

    daisy7 Retired WS Staff

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    I just don't get it...

    People need to take a test and get a license to drive a car, but pretty much anyone can own a gun (unless they have a criminal history).

    We have mandated child safety locks for medicine and even lighters, but not for guns.

    Why???

    There are many responsible gun owners and there are also many irresponsible gun owners. How many children need to die before laws are changed????
     
  18. passionflower

    passionflower Just 1 tip to find a killer

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    Why was it loaded? in the first place?
    How heavy of a gun was it?
    How did she shoot herself?
    It does happen, but I still have questions!
    It sounds alittle odd to me.......
    what area of dade county does he live?
    High crime? drugs?
     
  19. Lovejac

    Lovejac Well-Known Member

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    After going back and re-reading all of the articles, she was the granddaughter of Mr. Coley and he lived alone. He had let his daughter borrow his car and took out the gun and put it under the loveseat cushion.

    This story is just heartbreaking.
     
  20. Justice07

    Justice07 New Member

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    This story breaks my heart! Such a tragic, preventable accident! I am glad I live in Canada where there are strict gun laws. :(
     

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