Manatee deputies charge mother after child's fatal shooting

A Sarasota woman faces a felony charge after investigators say her 4-year-old son found a loaded handgun in her purse and fatally shot himself.

Diamond Sharee'Nicole Phillips, 29, was arrested Sept. 22 on a charge of culpable negligence involving a firearm, a third-degree felony, according to court records and the Bradenton Herald.

Phillips was released Sept. 23 after posting $10,000 bond.

Deputies find loaded gun in purse

Manatee County sheriff's deputies responded to a home in the 900 block of Hidden Circle East on June 21 after receiving a report of a child shooting, according to an arrest report.

Deputies attempted lifesaving measures before emergency medical workers pronounced the boy dead at the scene.

Investigators determined the child had removed a loaded .380-caliber Smith & Wesson Bodyguard handgun from Phillips' purse, which was on top of a kitchen island, according to the report.

Phillips told investigators she carried the loaded gun in her purse for protection when she was away from home and normally unloaded it when she returned. She said she placed the purse on the kitchen island, microwave or refrigerator to keep it away from her children.

On the night of the shooting, investigators said, the gun remained loaded and unsecured.

Investigators measure child's access

Detectives measured the kitchen island at 33 inches high and the child at 46 inches tall, according to the arrest report. Investigators concluded that much of the counter was within his reach without using a stool.

Detectives also determined the handgun could be reached through the purse's main opening even when a zippered compartment was closed.

Investigators found a bullet fragment lodged in the ceiling and a spent casing jammed in the handgun.

Detectives said the way the gun jammed indicated it had been fired with insufficient grip resistance, which they said was consistent with a young child firing the weapon, according to the Herald.

What Florida law says

Phillips is charged under Florida Statute 784.05.

The law makes it a third-degree felony to store or leave a loaded firearm within the reach or easy access of a minor if the minor obtains the gun and uses it to injure or kill themselves or another person.

The statute contains exceptions, including when a firearm is kept in a securely locked container, in a location a reasonable person would believe is secure or with a trigger lock. Other exceptions cover firearms obtained through unlawful entry, certain shooting or hunting accidents and some circumstances involving military or law enforcement personnel.

A third-degree felony in Florida is punishable by up to five years in prison and a fine of up to $5,000.

A judge ordered Phillips not to possess firearms or other weapons while the case is pending, according to court records.

Second Manatee case involving child and unsecured gun

The case is at least the second this year in which Manatee County authorities have filed charges after a child gained access to an unsecured firearm.

In a separate case reported in May, a Palmetto man was charged after a 9-year-old found a handgun under a bed and unintentionally shot a 5-year-old.

The 5-year-old suffered a gunshot wound to the upper chest and was hospitalized. According to court documents cited by ABC7, the child was intubated for about five days.