District Attorney: 'Accidents are not generally punished as crimes'
BLADEN COUNTY, NC (WECT) – District Attorney Jon David will not charge anyone for a violation of the law concerning the storage of firearms to protect minors in the shooting death of 8-year-old Ethan Bartley in Bladen County.
Bartley, who was visiting his family in Bladen County on Nov. 25, 2011, went to a neighbor's house to play with friends. The children decided to go squirrel hunting and got their hands on a .22 caliber rifle that was left under a blanket in a storage shed behind the home.
The boys used a large tree that had been knocked over as an impromptu hunting stand and, according to a news release from David, the child with the gun inadvertently shot the weapon and hit Bartley.
Bartley was airlifted to a hospital in Chapel Hill for medical treatment, but doctors were unable to save his life.
The case was investigated by the Bladen County Sheriff’s Office and State Wildlife Officers, and the District Attorney’s Office was consulted on the day of the incident.
“The investigation is now complete and I am in a position to make a legal determination,” David wrote in a news release. “Accidents are not generally punished as crimes, even severe accidents that lead to tragic outcomes.”
David noted that North Carolina General Statute 14-315.1, which says anyone who leaves a gun out and lives with a minor can be charged, does not apply to the facts of this case because the gun was stored unloaded and the adults were not aware of any prior attempts by the children to get the gun without permission.
“Under such a set of facts, a criminal charge is not possible against any adults residing in the residence,” he stated. “Absent any law specifically on point, it is not reasonable to hold adults criminally responsible for the actions of children.”
The news release stated that David met personally with the Bartley family and explained his decision. He also talked to the family about the possibility of civil liability for a wrongful death action and offered the family access to the investigative file for a review by their attorney.
