The Orange County Criminal Lawyer Blog
While a father was issuing a firearm safety lesson to his 6-year-old daughter the girl was accidentally shot, which resulted in severe injuries and felony charges.
26-year-old Eldon Mcinville and his family reside in Glendale, Arizona, just outside of Phoenix.
Last Thursday, Mcinville was working on cleaning his new shotgun when he reportedly decided to use it as an opportunity to give his daughter a few tips about how to interact safely with firearms.
After finishing his task, Mcinville, who was reported as sitting at the time, stood and went to store the shotgun. As he rose off the floor he stumbled and fell causing the shotgun, which reportedly contained birdshot but had the safety on, to drop and discharge. The small shells made contact with Mcinville’s young daughter and struck her in the stomach causing serious injuries.
Mcinville did not hesitate to call 911, and the authorities, who responded immediately, transported the child to a local hospital by airlift where she would promptly have surgical intervention. It was specifically noted that despite what she had been through, the young girl was surprisingly lucid and pleasant while talking to the medical team on the way to the facility.
Officers with the Glendale Police Department spoke with Mcinville about the event, and the man explained what had happened leading up to his daughters unintentional and frightful injuries.
When Mcinville was asked by the officers about other firearms inside of the home, he said that he does have guns and most of them are stashed in a closet behind a door that is usually kept locked. One revolver was being used as a display piece.
The officers found the firearms that Mcinville disclosed owning and alleged that the revolver that was placed out in the open was loaded.
Though Arizona reportedly has no laws regarding storage of firearms in the presence of children, it was ultimately decided by the authorities that Mcinville acted in a reckless manner leading to the tragic and unintended misfortune with his daughter.
The already devastated dad was taken into custody and he is facing charges of child abuse and aggravated assault with a deadly weapon.
When he made his first court appearance, Mcinville was shown on video as he wept and waived his Miranda rights in a heartfelt appeal to the judge. He explained that his family is fully dependent on his financial contribution and they are currently struggling to make ends meet.
Despite his declaration, the judge explained to Mcinville that she did believe what took place was an accident, but she additionally felt that what happened required her to set a cash-only bond of $5,000. She also ordered that he would not only be disallowed to stay in his home during the course of the proceedings, but he is also prohibited from association with his daughter “while the case is pending — even if she contacts you first.” In an effort to ensure this, it was ordered that he would be issued a tracking device to be worn if he was let out of jail before the conclusion of the possible proceedings.
Mcinville was seen in the courtroom video as his sobbing increased, and he inquired to the judge about how he might be able to continue assisting his loved ones without being able to contact them. He was told that he would have to speak with an attorney regarding his inquiry and that they would be assigning one to him since he is not able to pay to retain one.
Due to his serious concerns for the financial detriment of his family, of whom he said are already “penny-pinching,” Mcinville attempted to ask the judge when he could expect to speak with his forthcoming representation. He was informed that he may have to wait until his next court date before he is able to meet with an attorney.
Though the judge herself was heard saying that it “does appear, at this time, to have been an accidental discharge,” due to the severity of the charges she said she was going to hold strong to the initial terms she had set forth, which she already felt were lenient.
In addition to the distress of the child’s injuries and recovery process, and the absence of Mcinville’s presence in the family, they will now also likely face severe financial hardship due to the initial allegations and the stipulations of his release.
If you or someone you love is suspected of a crime, contact Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 for a consultation now.