Father of boy who shot self in head with unsecured gun bound over for trial
FOX 2 (WJBK) - The father of an 8-year-old boy who shot himself in the head with an unsecured gun in Warren was bound over on Tuesday to the Macomb County Circuit Court.
Theo Nichols, 56, is charged with not having his handgun stored properly or locked when his son got hold of the gun and shot himself. He is the first parent in Macomb County to head to trial under the new safe storage gun laws in Michigan.
The incident occurred inside the Cove 10 Apartment Complex on April 19. Investigators say both parents and two other children were home when the shooting took place.
The 8-year-old boy, Jaylen, survived the shot and is still in the process of recovering.
"He does need some therapy because of his speech, as well as his ability to walk. His eyesight is intact and that's a blessing," said Macomb County Prosecutor Peter Lucido. "It’s not just the child that got severely injured, but it's the fact that it ripped apart a family."
Theo Nichols
Nichols was not supposed to have a gun in the first place after a 1992 felony conviction for drug charges, Lucido said.
Nichols was bound over on five felony counts, including:
- Child abuse second-degree (a 10-year felony)
- Felony firearm (a two-year mandatory felony)
- Firearms - safe storage violations - premises under individual's control minor present and inflicted serious impairment of a body function upon self or another (a 10- year felony).
- Felony firearm (a two-year mandatory felony)
- Firearms - safe storage violations - premises under individual's control minor present and possessed or exhibited (a 93-day misdemeanor)
Nichols is also being charged as a Habitual Officer Third Offender. He is scheduled to be arraigned on Monday, June 3, 2024.
"This is sad because it is, in this case here, a 10-year felony," the prosecutor said.
Jaylen is now in the custody of his grandmother.
Lucido is reminding the public, once again, to safely store their guns.
"While we are grateful the son survived, this is a reminder of the critical importance of responsible firearm safety. We must hold the father accountable for his actions to ensure such tragedies are not repeated," he said.
A safe storage gun law went into effect on Feb. 13 – which requires unattended firearms to be unloaded and secured with a cable lock, or stored in a gun safe, if a minor is present.
Since then, cable-style gun locks have been made available for free in every health department office and several law enforcement agencies in Michigan.
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