A father is being charged in connection with the shooting death of a young boy, even though his 10-year-old son allegedly pulled the trigger.
Arkete Davis, 53, has been charged with criminal storage of a firearm, two counts of child endangerment, a felon in possession of a firearm, and other charges, CNN reported. His son, who has not been named due to his age, was arrested but will face no charges.
“Based on the facts currently known, the sole criminal liability and responsibility for the child’s death lay exclusively with this Defendant,” the Sacramento County District Attorney’s Office said in a statement, according to multiple outlets.
Davis is not facing a murder charge in the shooting death of 10-year-old Keith Frierson, even though prosecutors said Davis is legally responsible for the child’s death. Davis has been also charged with destroying evidence for allegedly throwing the gun away along with ammunition after the shooting.
“The fact that the gun was disposed of in a trash can with ammunition further demonstrating the lack of appreciation and danger posed to other members of public,” a judge said when denying bail to Davis.
The shooting occurred on Saturday around 4:30 p.m. in the parking lot of an apartment complex in Foothill Farms, California, KCRA reported. Davis’ son went out to his vehicle to get him some cigarettes and found the gun. The child took the gun from the car and was overheard bragging about it. Davis, a convicted felon, is prohibited from owning or possessing a firearm.
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“The defendant knew or certainly should have known, the child was aware a gun was in the car,” Deputy District Attorney Paris Coleman said in court on Wednesday, according to KCRA. “Evidence and witnesses show that the defendant’s child was overheard saying, ‘See I told you my dad had a gun.'”
In 1992, Davis was convicted of vehicle theft, but released early on parole in 1993. He violated his parole five times and was repeatedly returned to the California Department of Corrections and Rehabilitation, KCRA reported. He was discharged from his sentence in April 1999, but that still makes him a convicted felon who is prohibited from owning or possessing a firearm.
The gun used in the shooting was reported stolen in 2017, leaving questions as to how Davis came to possess it.
Brittani Frierson, whose son was killed in the shooting, told KRCA that Davis and his son should be held accountable.
“I’m here on the strength of making sure there will be justice for what was done to my son,” she said in court, according to the outlet.
“Everybody going to hear me, keep seeing my baby and we are going to use this to push it,” she added. “This is not okay. This is not acceptable. Something has to be done.”