Written by Tanya Terry
Unfortunately, the first criminal complaint in Michigan where an individual has been charged with violating the Firearms Safe Storage Law occurred when a 2-year-old in Flint accidentally shot herself in the face with an unsecured, loaded handgun on Valentine’s Day.
The bullet entered the girl’s right eye and exited through her skull, according to Genesee County Prosecutor David Leyton. The two-year-old, named Skye, remained in critical condition as of Feb. 20. As a result of the tragic incident, officials say she will lose her right eye and is said to be fighting for her life.
The shooting occurred in the toddler’s home, on Cloverlawn Drive.
“The blood on the bedroom floor was directly next to a small, toddler-size folding chair,” Leyton stated.
In addition, Skye’s father, 44-year-old Michael Darktania Tolbert is facing the following charges, according to Genesee County Prosecutor David Leyton: 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.
“In the child abuse case we have to show he knowingly did something,” explained Leyton.
Multiple loaded guns were confiscated from the residence where the shooting occurred, according to police.
Currently, Tolbert is being held in the Genesee County Jail on a $50k bond.
Michigan’s new safe-storage law just went into effect on Feb. 13.
Michigan residents are now 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.
Free gun locks are available at all Michigan State Police posts.
Under the new law, 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.
A felony punishable by imprisonment for up to 15 years or a fine of up to $10,000, or both is the penalty if the minor discharges the firearm and inflicts death on themselves or another individual
