Twice in the last four months State Attorney R.J. Larizza was asked at local press conferences why his office so rarely prosecutes instances of gun negligence–guns illegally left unsecured or within reach of children.
“Without knowing the circumstances and looking at the actual reports when they come to us. I can’t give you a detailed answer,” he said in February. “But I can tell you that it depends on the facts and the circumstances, truly whether or not we would consider it to be a crime, and a crime that we could prosecute. But it’s a point well taken. It’s a point well taken.”
Answering a similar question in May–just before a press conference related to the murder of 16-year-old Noah Smith in South Bunnell last January-he said “it’s not an easy statute to prosecute,” but that “typically, if you leave it unsecured, and if you get an access to a child, that’s where we’ve prosecuted, but not necessarily for not securing the gun as far as that statute goes, but more of a child neglect or even a principal to a manslaughter.”
Two days later, Flagler County Sheriff’s deputies were dispatched to the home of Jolani Hood-Sharma, a 37-year-old resident of County Road 13 in Bunnell, in response to a shooting. Hood-Sharma’s 13-year-old son had accidentally shot himself while playing with a gun, and had to be taken to Halifax hospital’s trauma unit.
Deputies established that Hood-Sharma had left the firearm unsecured. But they didn’t arrest her on any charge related to that. She was arrested for violating terms of a prior injunction, which ordered her not to have possession of any firearms. Her son went to the hospital. She went to the Flagler County jail. She posted bail on $1,000 bond the next day and was released.
It was only after the State Attorney’s office reviewed the case that, last week, prosecutors filed an additional charge: culpable negligence with an unsecured firearm causing an injury to a minor, a third-degree felony. In an echo of Larizza’s comments at those two press conferences, it is a rare instance of such a charge getting filed in Flagler.
The 13-year-old boy had told authorities he had no thoughts of self-harm. He had been playing with the .45-caliber Hi-Point gun when it discharged. The boy told authorities he did not know it was loaded.
According to her arrest report, Sharma-Hood, 38, told authorities that the gun belonged to the boy’s father, who is incarcerated. She said she usually keeps the gun in the garage but got worried that it would spontaneously discharge because of the heat. So she kept the gun under her mattress in her bedroom, though her bedroom is unlocked and accessible to all members of the family. She said she told the boy to stay out of the bedroom on many occasions, but he’s continued to go in there and rummage around.
She was watching television when she heard a loud bang. At first she thought her son had fallen off a bunk bed, only to discover what had really happened.
The charge is a third-degree felony, exposing Hood-Sharma to a maximum of five years in prison if convicted, though any prison time at all is unlikely, even if convicted on the same charge, for someone with no prior record–and judges typically withhold adjudication on a first conviction, so she would not even be considered a felon. (In comparison, merely writing a threat to someone, without causing actual injury, results in a second-degree felony and up to 15 years in prison under Florida law.) The State Attorney’s Office filed its felony charge on June 20.
Hood-Sharma was re-arrested on that charge on Tuesday afternoon. She remains at the Flagler County jail on $10,000 bond, with a judge’s order to have no contact with her son.
Every year, according to the Brady Campaign, a gun-safety advocacy organization, eight children 17 or younger every day in the United States are unintentionally shot and either injured or killed in so-called family fire, due to an unlocked or unsupervised gun in the home. Parents and guardians are rarely prosecuted.
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R. S. says
It’s time for the entire country to disarm, instead of inducing fears of burglaries and bad people who might hit us if we’re not armed or–for Pete’s sake–ARMING teachers or to tear families apart when one has not received enough safety instructions to learn how to deal with arms. Take a look at Switzerland’s fully armed people: most people there get their gun from the nation after they have served and have been trained in the military. We have roughly four guns per person; they have four persons per gun. It makes a difference, and harsh punishments such as these are no substitute for gun education.
bob says
the framers were thinking black powder arms, we now have kids shooting kids with assault weapons and tragic events like this…..
Nenemalo says
This is a bullshit charge.
sue says
Agree. Take a mother away from her child over a accident. When I was 13 and told to stay out of my parents bedroom that’s exactly what I did or I would be punished. This child disobeyed his mother’s rules. Yes she could of locked the gun up and hid the key to the gun safe but if a child wants to find something even if it was properly locked away they can find ways. And god forbid a parent disciplines our children then we are being charged with abuse. Government needs to stay out of family homes and let parents be parents.
Just Me says
100% correct!
Mary Fusco says
Sue, problem is that parents are not parenting. No parent I ever knew kept a loaded gun under their mattress. If another child had been present and maybe killed, this story would have been very different. My son in law was a NYPD detective for 25 years. When he was home, his gun, was locked in a box on a shelf in the closet. Even if kids found the box, there would no way they could get to the gun. This has nothing to do with the government but piss poor parenting IMHO.
Skibum says
Thank you for your comment. You are right on the mark. There are very good reasons why we have age limits to buy and possess a firearm, so why then would a parent be so brain dead to common sense gun safety measures around children and put themself, their kids and others in danger of injury or death if the child accessed the loaded gun? I also was in law enforcement for nearly 30 years, and even though I did not have children in the house, at the end of my work day when I got home I locked and secured my weapons safely so they could not be accidentally or intentionally used by anyone except me. That is what you are supoosed to do, and anyone saying otherwise is a fool!
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Dennis C Rathsam says
Father,s in jail, mother has an unsicure, loaded gun in the house, doesnt sound like Ozzie & Hariet to me
Pissed in PC says
Sounds to me that neither parent should be in possession of a firearm. I’ll bet the dad is in on felony charges and it appears she’s not supposed to have them either. Yeah it’s past time we start holding parents responsible for bad decisions with guns.
Concerned Citizen says
If you own a fire arm you are responsible for it as long as it’s in your posession.
Gun safes are relatively inexpensive. And trigger guards are easily had. Some agencies will even offer them for free. Being a responsible gun owner in no way impedes your second amendment rights.
Skibum says
This law is not BS like some are saying. There are too many irresponsible adults with both kids and guns in their homes who do not have enough brain cells between their ears to comprehend the fact that kids will be kids no matter what, and it is the ADULT(s) in the home who have not only the legal responsibility, but also the moral responsibility to ensure that children are not able to accidentally or intentionally access a weapon and injure or kill themself or someone else. It really is that simple. If we didn’t continure to see on the news stories like this woman who was reckless in the storage of a loaded firearm regardless of what she told her 13 year old, there would never have been a need for this law in the first place. But sadly we have seen this same scenario play out time and time again because of the negligence of the adults in the home, and they must be held legally responsible for their carelessness. Just like a fire hydrant, you cannot properly account for the number of lives saved just by it being in place.
R. S. says
And putting them away in jail for a goodly number of years will magically put enough brain cells between their ears that they’ll repair the past? Come on, Skibum; think about what you’re saying here. It wasn’t even her gun; she obviously had no idea of how dangerous a thing it is. Punishing someone for mistakes makes absolutely no sense because it doesn’t repair the damage. It would make far more sense if one were to offer schooling for handling and storing and perhaps even using that instrument. Any state that permits its citizens access to guns has a moral obligation to compel gun owners to take lessons, offered freely as part of the deal. Let’s get some tough controls in place as we have for driving automobiles.
The Geode says
The excuses we make for criminals are ASTOUNDING! Why not let everybody do whatever they want as long as we can conjure up an excuse? No wonder society is going down the toilet as we condone crime and coddle criminals. I can’t wait to hear your reasons when the crime reaches YOUR doorstep
Skibum says
I hear your concerns, but If law enforcement AND the prosecutor really believed that she had no knowledge whatsoever of the loaded gun under the mattress, do you think they would have gone ahead and filed criminal charges against her? Especially when this is a crime that is not often prosecuted. No, I believe there was evidence of criminal negligence, and that is why she is facing charges. But remember, she hasn’t been sent away to prison, hasn’t even had her day in court. She is back home, out on bond, waiting for her trial date. So don’t gett all steamed up about this case at this early stage because I’m sure we will all hear more about it at a later date. You don’t think people should be punished for mistakes? How many times have we seen a parent face criminal charges for mistakenly leaving their infant in a hot car to die of heat stroke? How many times has someone been charged for accidently shooting someone because of negligence or carelessness? It happens all the time. If the parent’s actions rise to the level of criminal behavior, just like in this case, they can and should be prosecuted. Doesn’t mean they will be sentenced to jail or prison, but there has to be consequences, especially when a child is injured by a loaded weapon left laying around where the child was able to access it. A mattress is NOT a secure place to store a firearm, period.
R. S. says
You had a test before you could drive your car, right?! At least, I’d hope you did. Did you or does anyone get tested and licensed on using or storing or messing with a gun? The governor thinks anyone should carry openly. Without test, what would your driving be like? Would you want to drive on streets where anyone might have a right to drive–tested or not?
Justin Case says
By “tough controls” are you referring to the hands free law? Look at the vehicles around you – how many drivers messing with their phones? I would consider this a “common sense” law that didn’t need to be written, yet people text and drive all the time. I have to dodge them frequently as I ride a motorcycle. You can’t teach, or legislate common sense. Secure your weapons, and hang up and drive. And for the people who say the founding fathers’ intent was for muskets – well then, I guess you will all trade your camera phones and smart devices for an ink well, and a quill?
The Geode says
“You don’t think people should be punished for mistakes”? We have to PAY for mistakes all the time, what kind of question is that? Not all “mistakes” are equal and the retribution cost should reflect that fact. If her kid fell down the steps and bumped his head due to negligence is different than her kid shooting himself due to her negligence. he had TOTAL control over the situation whether it be from her poor choices in choosing men to the inability to care for herself to her not knowing her surroundings.
If you ran into the back of someone else’s car – that person wouldn’t give two shits WHY you hit them or your dismissive excuses, the only thing they would be concerned with is the responsibility that now rests upon YOUR shoulders
R. S. says
If your objective is to get even to feel good about someone else being hurt, The Geode, you are right on target. If your objective is to repair and improve our community, you may have to try to think a bit harder about the issues, my friend.