brandon herrera01.jpg
Brandon Herrera
A "terrible tragedy." Nothing more.

That's what Minidoka County Prosecuting Attorney Lance Stevenson's office is calling an incident in which a 3-year-old boy

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No Charges Filed in Case of 3-Year-Old Killing 2-Year-Old Brother

brandon herrera01.jpg
Brandon Herrera
A "terrible tragedy." Nothing more.

That's what Minidoka County Prosecuting Attorney Lance Stevenson's office is calling an incident in which a 3-year-old boy shot his 2-year-old brother with a gun he found in his grandpa's safe.

The prosecutor announced today that no charges would be filed in the case, which, frankly, had no easy solution.

Facts: On Oct. 12 police were called to a house in the small sugar-beet farming town of Rupert, Idaho, about 170 miles east of Boise. There they found 2-year-old Brandon Herrera with a .22 caliber bullet wound in his forehead.

The young boy was rushed to a hospital, but he died 12 hours later.

The gun that killed Herrera was used by his 3-year-old brother, who found it in an unlocked storage cabinet at his grandfather's home. Prosecutors say the boy was playing with it when it accidentally went off, killing his brother.

At the time the children's mother was home, but in another room.

Prosecutors had considered filing charges against the mother, the grandfather, or both, but declined in the end because they said that the children had been warned to keep out of the room where the guns were kept and the adults believed the gun safe couldn't be opened by a toddler.

Obviously they were wrong.

Even without charges one can imagine that the adults will likely be paying emotionally for the tragedy for years to come.

Brandon Herrera Decision

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