Former superior court judge weighs in on two gun-related cases involving children

A former superior court judge weighed in Thursday night on two cases involving children and guns.

In the Edgecombe County shooting, the mother and grandmother of the 10-year-old were charged. In Cumberland County, no charges have been filed.

Civil rights lawyer Harry Daniels said he visited Fayetteville on Thursday seeking justice in the death of Dockery. The Department of Juvenile Justice is still determining to move forward with the case against the boy accused of killing Dockery.

Family, civil rights lawyer seek justice in shooting death of 8-year-old girl

According to former superior court judge Carl Fox, charging a child is not as straightforward as it to charge an adult.

Fox says as far as what charges adults often face in cases like these, if there’s evidence an adult failed to secure their gun, they could face a class one misdemeanor for the weapons charge.

“It’s important [to learn] how a juvenile got a hold of the gun,” Fox said. “If it’s your gun and a child in your home gets it, that’s literally official evidence that you did not store your weapons safely.”

It’s unlikely, however, they would be charged with the underlying crime.

“Truly, much of the time the adult would have no idea what the child might do with the gun,” Fox said

Fox added that it's hard to know what goes on in a child's mind, or if they even know the gun is real.

“If it’s an accident, it’s one thing. If it’s an actual shooting, it’s a different thing," Fox said.

As for whether the 11-year-old will be tried as an adult, if they do face charges, it will depend on how old the child is, and according to Fox, that process could take longer due to the seriousness of the punishment.

“Nobody should put a timeline on how long it takes, or that it’s not serious or what the evidence is,” Fox said.