Flint father charged after 2-year-old daughter accidentally shoots self
FLINT, Mich. (CBS DETROIT) - Genesee County Prosecutor David Leyton announced charges Tuesday against a Flint father whose 2-year-old daughter accidentally shot herself on Valentine's Day.
The father, 44-year-old Michael Tolbert, was arraigned over the weekend on charges of first-degree child abuse, violating Michigan's new safe storage of firearms law, being a felon in possession of a firearm, being a felon in possession of ammunition, lying to a police officer and five counts of felony firearm.
According to the prosecutor's office, the man's daughter shot herself in the face with his loaded handgun. The prosecutor says the bullet entered the girl's right eye and exited through her skull. She remains in critical condition.
It is the first criminal complaint filed under Michigan's new "safe storage" laws that went into effect on Feb. 13.
Under the new law, Michigan residents are required to keep firearms that are being stored or left unattended on premises unloaded and locked with a locking device, a locked box or a container if it is "reasonably known" that a minor will be or could likely be present. The state's criminal code was also updated for gun safety storage for child access protection.
If someone does not properly store a gun and a minor obtains it, they will be held accountable for the crimes in the following ways:
- If the minor possesses or exhibits the firearm in a public place or possesses or exhibits the firearm in the presence of another person in a careless, reckless or threatening manner: a misdemeanor punishable by imprisonment for up to 93 days or a fine of up to $500, or both.
- If the minor discharges the firearm and injures themselves or another individual: a felony punishable by imprisonment for up to five years or a fine of up to $5,000, or both.
- If the minor discharges the firearm and inflicts serious impairment of a body function on themselves or another individual: a felony punishable by imprisonment for up to 10 years or a fine of up to $7,500, or both.
- If the minor discharges the firearm and inflicts death on themselves or another individual: a felony punishable by imprisonment for up to 15 years or a fine of up to $10,000, or both.
