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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. 

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Raymond Ruiz April 13, 2013 at 10:54 pm
It just don't matter how she dresses,whoo her parents are or aren't. Nobody and I mean Nobody hasRead More the right to rape or force a femsle to have sex with her,and then to make matters worse,they posted pictures of her on facebook ! Better we as a community should be asking,what would possess the young guys to do something like this ! That is why We have Our teenagers and kids passwords or no internet period ! As a parent my heart goes out to het and her parents !
Tamra~Kathleen April 13, 2013 at 05:51 pm
The offensive comment we're discussing shows a complete lack of respect for women that permeates ourRead More culture. That this person actually thought this poor young girl had culpability for her attack is a symptom of our societies disregard for women. I'm actually glad he made the comment so we can look at and discuss the problem.
Berto April 12, 2013 at 07:27 pm
From one of the interviews I watched online, it seems that many Saratoga High students knew whatRead More happened at the party and had seen the pictures. How is it that arrests did not follow the assault and the suicide for over 6 months? Could it be that the students who knew information about the felony chose to remain silent? I hope that is not the case; we will surely find out as the details of the case are revealed in the media over the next weeks and months. In the meantime lets make sure we are teaching our kids about the responsibility of living in community and caring about others. God forbid that any of the students have to live with the knowledge that they could have prevented the suicide, or with the knowledge that they helped cover up such a heinous crime.