Maryland law shields boy from charges in teen's shooting
BALTIMORE -- A 9-year-old Baltimore boy who was allegedly playing with a loaded handgun when it discharged and killed a 15-year-old girl will not face criminal charges.
The boy was handling the gun at a Linnard Street home Saturday night when it accidentally went off and a round struck Nykayla Strawder in the head, witnesses told police. Strawder was taken to a hospital, where she was pronounced dead.
It remains unclear how the boy got a hold of the firearm, which police later recovered.
As Maryland law stands right now, a child under 10 cannot be charged with a crime at all - not in the juvenile system and not as adult.
At 13-years-old, a child cannot be charged with a crime as an adult, but they could be charged as a juvenile.
Children who are 14 or 15 could be charged in adult court for more serious crimes like rape and first-degree murder.
Teens 16 and older can automatically be charged as adults when the crime is more serious.
Maryland state Sen. Jill Carter sponsored the bill that would prevent extremely young children from being charged with a crime.
"There is an overwhelming amount of research and data that has revealed that prosecuting children at very young ages is counter-productive - that it often causes them way more trauma and doesn't end in the end result to keep the public any safer," said Carter.
While the child cannot legally be charged, the Baltimore Police Department said detectives are working with the Baltimore City State's Attorney's Office to determine whether any charges will be handed down.
Police said a search of the handgun's serial number found the weapon is registered to the boy's relative, who is employed as an armed security guard.
In Maryland, it is illegal to leave a loaded gun in a place where they "knew or should have known that an unsupervised child would gain access to the firearm."
Maryland lawmakers have repeatedly tried to pass laws that will encourage gun owners to lock-up guns so that kids won't get to it.
"If you own a weapon, you have a responsibility under state law to store that weapon responsibly and to secure it," said attorney Jeremy Eldridge. "If that weapon is left loaded and unsecure and a child is in your house and you're aware of it, then you can be charged with this offense."
