+1 on what moewadle said. There is such a thing as a perfect plan...but there are few perfect people to carry them out 100% of the time. We all do stupid stuff....many are just fortunate that nothing bad happens when they do mess up. This Deputy did, unfortunately. I hope he finds some way to deal with the result.
Another child kills self with parents Pistol
- Thread starter Harley Quinn
- Start date
- Status
You make a good point. I'm willing to withhold judgement until all the facts are out. Maybe this was a freak situation whereby the father was momentarily distracted from securing his weapon, like by a phone call. Perhaps he didn't realize the kid was nearby. I don't know. It's the kind of lapse to our normal careful routine we can all make. Like taking your eyes off your small child playing in the yard to go talk to a neighbor, and the kid runs into the street. Life is cruel and it can take only a split second for things to go from happy to tragedy. Very sad.
K
K
Harley Quinn
Member
DA says no charges are to be filed
Sutter County District Attorney Carl Adams has decided no crime was committed and will not file charges in the shooting death of the 3-year-old son of a Sutter County sheriff's deputy.
"After reviewing the reports and all the applicable law, the District Attorney's office has determined that no crime was committed and there will be no criminal prosecution for Tyler's death," Adams' office said in a statement issued this morning.
Tyler Whiteaker died Sunday shortly after 9 p.m. when he "picked up a gun and accidentally shot himself," Adams' office said.
If the first description of Sunday's events, Adams office said the boy's father, David, had been cleaning his service pistol and that earlier in the day Tyler has "expressed curiosity" about a flashlight attachment on the weapon.
"As David was finishing with cleaning the gun, Tyler asked his dad if he could help, and David gave Tyler some rags to dump in the kitchen trash," Adams office said.
David and his wife, Michelle, began to talk about cleaning supplies, then David set the gun down to take some supplies from his wife, the statement said.
"In that same instant, Tyler returned from the kitchen, picked up the now reassembled weapon, pointed it at himself and pulled the trigger before either parent had even realized he was back in the room," Adams said. "There was no chance to react. He was killed instantly from a gunshot wound to the head."
Adams added: �Cleaning a gun is not inherently dangerous. Gun cleaning accidents do occur, but so do driving accidents, but that is not enough to conclude across the board that either activity is inherently, in and of itself, dangerous to human life. Nor did David Whiteaker act without due caution. He was being careful. He did not leave the gun unattended. This was simply an accident.�
Sutter County District Attorney Carl Adams has decided no crime was committed and will not file charges in the shooting death of the 3-year-old son of a Sutter County sheriff's deputy.
"After reviewing the reports and all the applicable law, the District Attorney's office has determined that no crime was committed and there will be no criminal prosecution for Tyler's death," Adams' office said in a statement issued this morning.
Tyler Whiteaker died Sunday shortly after 9 p.m. when he "picked up a gun and accidentally shot himself," Adams' office said.
If the first description of Sunday's events, Adams office said the boy's father, David, had been cleaning his service pistol and that earlier in the day Tyler has "expressed curiosity" about a flashlight attachment on the weapon.
"As David was finishing with cleaning the gun, Tyler asked his dad if he could help, and David gave Tyler some rags to dump in the kitchen trash," Adams office said.
David and his wife, Michelle, began to talk about cleaning supplies, then David set the gun down to take some supplies from his wife, the statement said.
"In that same instant, Tyler returned from the kitchen, picked up the now reassembled weapon, pointed it at himself and pulled the trigger before either parent had even realized he was back in the room," Adams said. "There was no chance to react. He was killed instantly from a gunshot wound to the head."
Adams added: �Cleaning a gun is not inherently dangerous. Gun cleaning accidents do occur, but so do driving accidents, but that is not enough to conclude across the board that either activity is inherently, in and of itself, dangerous to human life. Nor did David Whiteaker act without due caution. He was being careful. He did not leave the gun unattended. This was simply an accident.�
Laying a loaded handgun on a table with a 3 year old in the room and turning your head is acting without due caution.
It's a very sad situation, I have a young one myself... this puts things into perspective about the gravity and responsibility you incur when you own and carry firearms.
This is why my rifles are stored unloaded with trigger or breech locks, inside a stack-on locker, and my pistols are stored loaded in a small nightstand safe with a keypad lock. I am terrified my girls will get a hold of them before they're old enough to absorb the proper respect for them.
I'm not a lawyer and I don't play one on TV, but my reading of THE LAW, is he did commit a crime. That is unless some how the DA streched part 5 to cleaning a gun is part of a LEOs duty... Then again, the officer in question did have family members in high place...
Harley Quinn
Member
Sad situation and the DA has shouldered some of the burden.
I have argued with many about the dangers of the Glock being so easy to shoot when not holstered or when holstered and the wrong hand gets on it in a fight.
The situation borders on neglect. Why would you put a round in the chamber and lay it down and not put it in a holster?
Horrible thing has happened, but I have mentioned it time and again. The grip safety of the XD might not even been enough in this case.
Turns out it was a Sig, very safe DA/SA pistol with decocker, less accidental and more negligent as all unfolds :banghead:
I have argued with many about the dangers of the Glock being so easy to shoot when not holstered or when holstered and the wrong hand gets on it in a fight.
The situation borders on neglect. Why would you put a round in the chamber and lay it down and not put it in a holster?
Horrible thing has happened, but I have mentioned it time and again. The grip safety of the XD might not even been enough in this case.
Turns out it was a Sig, very safe DA/SA pistol with decocker, less accidental and more negligent as all unfolds :banghead:
Last edited:
Harley Quinn
Member
No charges in shooting death of Sutter deputy's son continued for another post by me so all can read about the case that is in the Sacramento area of a very law abiding state. There is a lot of hostility over it and want the Officer to be held accountable. The DA spells it out here mentions the gun also
********************
Sutter County Sheriff's Sgt. David Whiteaker will not face criminal charges in the shooting death of his 3-year-old son, who grabbed his father's handgun Sunday and shot himself in front of his parents.
Neither of the boy's parents displayed gross negligence that night as Whiteaker was cleaning his Sig Sauer .40-caliber semiautomatic pistol, Sutter County District Attorney Carl Adams said Friday.
Whiteaker, 33, an 11-year veteran of the Sheriff's Department, had finished cleaning the gun and was about to replace it in its holster about 9:15 p.m., according to investigators.
Whiteaker, of Yuba City, had sent his son to another room to throw away used rags. The deputy momentarily put down the weapon when his wife handed him cleaning supplies, investigators said. At that moment, their son, Tyler, returned to the room and picked up the gun, looking into the barrel, Adams said.
The boy had been curious about a flashlight attached to the gun earlier in the day and may have tried to turn it on, he said.
The Yuba City Police Department investigated the shooting death to avoid a conflict of interest in the case.
Whiteaker, son of a former deputy, nephew of a former sheriff and cousin to a Sutter County supervisor, was subjected to the same investigative procedures as anyone else, Adams said, including drug, alcohol and gunpowder tests.
"It is my hope now the facts are laid out and the law has been clarified, the speculation about the incident itself can be stilled and all those involved can be allowed the peace to mourn and to recover," Adams said in a statement.
Adams said there was no evidence of criminal negligence. Whiteaker didn't leave the gun unattended, Adams said, and the issue of improper storage didn't apply because the gun wasn't being stored.
Legal scholars agreed Friday, saying momentary lapses, no matter how tragic the results, do not rise to the level of criminal prosecution.
"We all have momentary lapses," said Michael Vitiello, criminal law professor at McGeorge School of Law. "If something terrible happens, should we all be made into criminals?
"Society says no, we need something more. Bad consequences don't mean you have a bad person."
To file charges, prosecutors would have needed evidence of gross negligence, or deviation from reasonable care, such as a gun owner who leaves a loaded gun unattended in a child's bedroom, said John Myers, another criminal law professor at McGeorge.
Some incidents, such as car accidents, might not be the result of criminal negligence, but could land in court over civil liability, he said.
A common incident that incites public rage is a driver who is going the speed limit and hits a child who dashes into the street.
"That's an accident," Myers said. "We're not responsible for every bad thing that happens."
Sutter County Sheriff J. Paul Parker said Friday that even without criminal charges, his department will do an administrative investigation. He did not know how long that would take, but Whiteaker will remain on paid leave until it is completed.
Parker, who has distanced himself from the investigation to avoid a conflict, said Whiteaker might have been preparing for a training session that was to take place the following day.
If Whiteaker was returning the gun to its holster, it would have a round in the chamber, Parker said.
"We carry in the ready position," he said.
All law enforcement officers undergo firearms safety training, and Sacramento Police Sgt. Matt Young said officers in his department get hundreds of hours of proficiency and safety training. They must undergo firearms testing twice a year and are evaluated on safety practices, he said.
Young said law enforcement agencies typically provide a gun-cleaning area for officers, but it is not unusual for them to choose to do it at home.
The Whiteaker family has declined comment and could not be reached Friday.
But someone they never met knows their pain.
"That's all it takes, is just a moment," said Terri Ray, a Placerville mother whose 7-year-old son shot and killed his 2-year-old brother in 1996.
The gun was supposed to be in a locked case.
"Even today, I can't find the words," said Ray, 45. "I'm still grieving."
Now 19, her surviving son still will not speak of that day, even after counseling, Ray said.
Ray's family lived in Sacramento at the time and prosecutors didn't file charges because there was no evidence anyone realized the cabinet was unlocked.
"It didn't matter at that point," Ray said. "Nothing could make any difference. You feel like your life is over."
Ray said the support of family and friends was their salvation. Still, she believes the death contributed to the breakup of her marriage last year.
When her son was killed, she had her own housecleaning business. Now she is training for a job with the state Department of Corrections. That will mean guns close at hand again.
"It scares me," she said. "It really does."
********************
Sutter County Sheriff's Sgt. David Whiteaker will not face criminal charges in the shooting death of his 3-year-old son, who grabbed his father's handgun Sunday and shot himself in front of his parents.
Neither of the boy's parents displayed gross negligence that night as Whiteaker was cleaning his Sig Sauer .40-caliber semiautomatic pistol, Sutter County District Attorney Carl Adams said Friday.
Whiteaker, 33, an 11-year veteran of the Sheriff's Department, had finished cleaning the gun and was about to replace it in its holster about 9:15 p.m., according to investigators.
Whiteaker, of Yuba City, had sent his son to another room to throw away used rags. The deputy momentarily put down the weapon when his wife handed him cleaning supplies, investigators said. At that moment, their son, Tyler, returned to the room and picked up the gun, looking into the barrel, Adams said.
The boy had been curious about a flashlight attached to the gun earlier in the day and may have tried to turn it on, he said.
The Yuba City Police Department investigated the shooting death to avoid a conflict of interest in the case.
Whiteaker, son of a former deputy, nephew of a former sheriff and cousin to a Sutter County supervisor, was subjected to the same investigative procedures as anyone else, Adams said, including drug, alcohol and gunpowder tests.
"It is my hope now the facts are laid out and the law has been clarified, the speculation about the incident itself can be stilled and all those involved can be allowed the peace to mourn and to recover," Adams said in a statement.
Adams said there was no evidence of criminal negligence. Whiteaker didn't leave the gun unattended, Adams said, and the issue of improper storage didn't apply because the gun wasn't being stored.
Legal scholars agreed Friday, saying momentary lapses, no matter how tragic the results, do not rise to the level of criminal prosecution.
"We all have momentary lapses," said Michael Vitiello, criminal law professor at McGeorge School of Law. "If something terrible happens, should we all be made into criminals?
"Society says no, we need something more. Bad consequences don't mean you have a bad person."
To file charges, prosecutors would have needed evidence of gross negligence, or deviation from reasonable care, such as a gun owner who leaves a loaded gun unattended in a child's bedroom, said John Myers, another criminal law professor at McGeorge.
Some incidents, such as car accidents, might not be the result of criminal negligence, but could land in court over civil liability, he said.
A common incident that incites public rage is a driver who is going the speed limit and hits a child who dashes into the street.
"That's an accident," Myers said. "We're not responsible for every bad thing that happens."
Sutter County Sheriff J. Paul Parker said Friday that even without criminal charges, his department will do an administrative investigation. He did not know how long that would take, but Whiteaker will remain on paid leave until it is completed.
Parker, who has distanced himself from the investigation to avoid a conflict, said Whiteaker might have been preparing for a training session that was to take place the following day.
If Whiteaker was returning the gun to its holster, it would have a round in the chamber, Parker said.
"We carry in the ready position," he said.
All law enforcement officers undergo firearms safety training, and Sacramento Police Sgt. Matt Young said officers in his department get hundreds of hours of proficiency and safety training. They must undergo firearms testing twice a year and are evaluated on safety practices, he said.
Young said law enforcement agencies typically provide a gun-cleaning area for officers, but it is not unusual for them to choose to do it at home.
The Whiteaker family has declined comment and could not be reached Friday.
But someone they never met knows their pain.
"That's all it takes, is just a moment," said Terri Ray, a Placerville mother whose 7-year-old son shot and killed his 2-year-old brother in 1996.
The gun was supposed to be in a locked case.
"Even today, I can't find the words," said Ray, 45. "I'm still grieving."
Now 19, her surviving son still will not speak of that day, even after counseling, Ray said.
Ray's family lived in Sacramento at the time and prosecutors didn't file charges because there was no evidence anyone realized the cabinet was unlocked.
"It didn't matter at that point," Ray said. "Nothing could make any difference. You feel like your life is over."
Ray said the support of family and friends was their salvation. Still, she believes the death contributed to the breakup of her marriage last year.
When her son was killed, she had her own housecleaning business. Now she is training for a job with the state Department of Corrections. That will mean guns close at hand again.
"It scares me," she said. "It really does."
- Status
Similar threads
- Locked
- Locked
