Three brothers, ages 4, 7 and 13, of Morristown, Tennessee found what they thought was a toy gun in a bedroom in the house where they live with their parents and grandparents. While playing with the .22-caliber handgun the weapon fired, shooting 7-year-old Jaymee Steward in the head.
Jaymee was flown to the University of Tennessee Medical Center in Knoxville where he underwent surgery. He remained in critical condition but died three days later. It was unclear exactly how the boys found the gun.
According to local police, "After reviewing all evidence obtained during the investigation, current state law and consultation with the District Attorney's office, it has been determined that no criminal charges will be filed in the incident."
Tennessee law prohibits a parent from intentionally, knowingly or recklessly providing a handgun to a juvenile if the parent knows of a substantial risk that such juvenile will use the handgun to commit a felony. Tennessee does not otherwise impose criminal liability on adults who allow children access to firearms.