No Criminal Charges in Toddler Accidental Death

The 3-year-old son of a San Jose Police Officer who resides in Gilroy accidentally shot himself in the head over the summer. It was announced Tuesday that no criminal charges will be filed against the boy's father.

The District Attorney's Office released an extensive report on the tragic deadly July shooting of Preston Orlando, the 3-year-old son of San Jose Police Officer Brandon Orlando, Tuesday afternoon, the point of which was to announce that Orlando will not be charged criminally for his son's death. 

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On July 5, Officer Orlando had put his duty weapon, a Glock 21, in the top drawer of his nightstand at his Gilroy home. That afternoon, his son fired it into his forehead and was pronounced dead at the hospital.

After over two months of consideration, the District Attorney's Office has opted not to file any criminal charges against Orlando for acting in a grossly negligent manner. 

“For Officer Orlando, this was a devastating mistake that can never be corrected,” District Attorney Jeff Rosen said. “For the rest of us, it is a sad and cautionary tale about the paramount importance of gun safety. Please don’t make the same mistake and let 3-year-old Preston Orlando’s death be in vain. When not in use, keep your weapons safely locked away from our innocent children.”

According to the District Attorney's Office, Orlando was not found to be grossly negligent because "he thought his children wouldn’t be home while he was there, he planned to leave the house with his gun before the children returned home, and because the gun was placed out of plain view in a drawer in the master bedroom with the door closed."

Officer Orlando and his wife Juliana also have a daughter. 

Kell September 27, 2012 at 03:36 PM
This story breaks my heart. So so sad for this family. No Parent should ever lose a child. My thoughts & prayers are with this family.
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