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DA won't charge police officer whose son shot self

Posted: September 26, 2012 7:00 a.m.
Updated: September 26, 2012 7:00 a.m.

SAN JOSE, Calif. (AP) — Santa Clara County prosecutors do not plan to pursue criminal charges against a San Jose police officer whose 3-year-old son fatally shot himself with a gun his father had left in a bedroom night stand.

The San Jose Mercury News reports ( that District Attorney Jeff Rosen said Tuesday that Officer Brandon Orlando made a horrible mistake when he forgot to lock his backup weapon or transfer it to the locked box where he stored his other firearms.

But the actions that resulted in the death of Orlando's son on July 5 were not grossly negligent and therefore do not meet the legal standard for criminal storage of a firearm, according to a six-page report Rosen's office prepared on the boy's death.

Prosecutors also considered the heavy emotional toll the accident has had on Orlando and his family.


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