‘Tragic accident’: 2-year-old fatally shot while he and brother played with handgun

ALBANY — The fatal shooting of a 2-year-old boy on Monday was a tragic occurrence, but the initial investigation does not indicate the case warrants criminal charges.

So far, investigators say they believe Ashton Wimbush died from a possibly self-inflicted gunshot wound to the head from a small-caliber semi-automatic handgun his 7-year-old brother located in their 2520 Hilltop Drive apartment, Dougherty County District Attorney Greg Edwards said on Tuesday.

A toy gun was found in the area where the shooting took place, and forensics reports indicate either of the children could have fired the fatal shot.

“My preliminary conclusion is this is a tragic accident,” Edwards said. “The preliminary information seems to be that it was likely the older child accessed where the gun was. The circumstances suggest both the children that were involved, the 2-year-old and the 7-year-old, were playing with the real gun and possibly playing with a toy gun that was at the scene.”

The mother, who was not at the residence at the time, had attempted to secure the gun by placing it in a location up high in a tall chifferobe, the district attorney said. The boys’ grandmother and another resident Edwards said he believes is an adult with special needs were inside the apartment at the time.

The legal determination of whether charges are warranted boils down to whether the older child, who also has special needs, or the mother acted recklessly, the district attorney said.

“Summed up, do you know of the possible harm and did it anyway when it would have occurred to a reasonable person that it could cause harm or danger?” Edwards said in interpreting the legal code section definition in the misdemeanor negligent conduct statute. “At this point, the analysis relative to any criminal action seems to indicate it is not going to be a matter that merits a criminal charge.”

The city has suffered a rash of gun deaths, including the Aug. 8 slaying of 9-year-old Nigel Brown who was struck in the head during a drive-by shooting in which another individual was targeted at a nearby location.

The Monday incident could serve as a wake-up call for adults to consider safe storage and security of firearms to prevent similar tragedies, Edwards said.

“Our gun violence in Albany in the last three weeks resulted in two children killed and one wounded,” he said. “I’m thinking there should be responsibility for those of us who have guns in our home.

“What I will stress for the community here is they do consider the issue moving forward if they haven’t already done it. This tragedy illustrates what needs to be done.”

Edwards suggested securing guns in cars so that they aren’t stolen and storing them safely in the home so that children do not gain access to a weapon.

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