Updated 12/28/2010 11:23 AM
Charges filed against 12-year-old and father in Wilton shooting death
A Wilton boy and his father are charged in connection with the accidental shooting death of a 12-year-old boy. Our Erin Vannella sat down with our legal expert to discuss the case.
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WILTON, N.Y. -- Two days before Christmas, a 12-year-old boy accidentally shot and killed his classmate, 12-year-old Nicholas Naumkin. Now he's being charged in family court with second-degree manslaughter.
Legal analyst Paul DerOhannesian said, "When you hear manslaughter, it's a typical criminal charge. But charging a 12-year-old with manslaughter doesn't necessarily mean he's going to face the same consequences an adult would, or even incarceration."
Investigators said the boys had been left alone for three hours at 1 Birchwood Drive Thursday to play video games when they found 56-year-old father Edward O'Rourke's holstered, unloaded gun hidden under clothing in a dresser drawer. After a time, the boys found the loaded clip hidden in another drawer and played with it, loading and unloading the gun before one bullet killed Naumkin.
O'Rourke has been charged with endangering the welfare of a child.
"It's a misdemeanor crime that says the defendant knowingly placed the child in danger of physical harm by allowing the weapon and the ammunition to be in the house when the children were unsupervised," DerOhannesian said.
As for the legalities regarding how to keep a weapon in a home?
"There's not a legal requirement. The legal requirement is the civil requirement not to be negligent and not to knowingly place your child in physical danger," DerOhannesian said.
DerOhannesian explains, it will be the court's job to sort out liability and responsibility and determine any possible civil action to be taken.
A funeral for Naumkin was held Tuesday morning at New England Congregational Presbyterian Church in Saratoga Springs.