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MILWAUKEE – Two family members have been charged in connection with the death of a 5-year-old boy who accidentally shot and killed himself with his father’s unsecured gun in Milwaukee on Feb. 21.
Authorities charged the boy’s father and the father’s second cousin, who was watching the 5-year-old at the time of the incident, each with neglecting a child with the consequence being death – as a party to a crime, a class D felony in Wisconsin.
If convicted, each defendant may be sentenced to up to 25 years in prison and fined up to $100,000.
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Father texted ‘watch my room I’ve got a gun in there’
According to criminal complaints:
On the afternoon of Feb. 21, Jose Gonzalez, Elijo Gonzalez’s father, rushed out of his residence for a job. Bryan S. Jaensch, Jose’s second cousin who also lives at the residence, was watching Jose’s two children, the 5-year-old boy and an 11-year-old girl.
After leaving, Gonzalez realized he left his loaded .40 caliber gun unsecured on his bed and sent a text message to Jaensch that read, “watch my room I’ve got a gun in there,” a criminal complaint said.
According to a questioning of Jaensch by police, he was sitting next to the 11-year-old in the living room while Elijo was playing on his dad’s bed. Jaensch, 58, could see Elijo from where he was seated, the complaint noted.
Holding his dad’s gun, Elijo said “look at what I got” to Jaensch and the 11-year-old.
Jaensch yelled, “you better put that down, that is your dad’s,” and Elijo put it down on the headboard of the bed. Jaensch said he moved it to a shelf concealed by a sliding door in the headboard. Elijo was still on the bed and “likely observed” where Jaensch placed the gun, the complaint said.
However, in an interview detectives conducted with the 11-year-old, she said she saw her brother playing with the gun on the bed and told Jaensch.
Jaensch took the gun away and placed it on the bed’s headboard, then Jaensch continued playing with his cell phone, the girl said, according to the complaint.
About 20 minutes later, the 11-year-old said she saw Elijo again holding the gun and told Jaensch. Jaensch yelled for Elijo to put the gun back instead of taking it away from him, the 11-year-old said.
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Minutes later, shortly before 8:30 p.m., Elijo shot himself in the head, according to the complaint.
The 11-year-old ran to check on her brother, did not think he was breathing and went outside to get help.
A woman nearby who heard the commotion called 911, went into Gonzalez’s residence and began giving Elijo medical aid.
When police arrived, Elijo – laying on the bed – had a large wound to the forehead, but appeared to be breathing and had a pulse, the complaint said.
A mini fridge next to the bed had a handgun located on top of it, the complaint said. And when an officer pulled the comforter off the bed to wrap Elijo in, a fully loaded shotgun was revealed.
A medical unit provided life-saving measures to Elijo, then took him to a hospital where he was later pronounced dead.
Detectives conducting a scene investigation located a black .40 caliber Smith & Wesson and a shotgun with a pump slide on the bed, the complaint said. Multiple unfired cartridges were found inside the shelving units of the headboard, and additional ammunition was located inside a dresser.
Gonzalez said he leaves each gun loaded with a round chambered, according to the complaint. When asked about using a gun lock or some other mechanism to secure his firearms, Gonzalez said he did not have one.
Jaensch was set to make an initial appearance in court Monday, and a preliminary hearing was scheduled for Gonzalez on March 6.
How to safely store a gun
According to the American Academy of Pediatrics, roughly a third of U.S. homes with children have guns, and even young toddlers are capable of finding unlocked guns and are strong enough to pull the trigger.
In homes with guns, the likelihood of an accidental death by a gun is four times higher. The most effective way to prevent unintentional shootings is the absence of guns in homes.
But for those that do have them, the academy recommends guns be locked away and ammunition locked and stored separately. Children and teens should not be able to unlock the boxes that store firearms, and guns that are loaded and unlocked should not be stored in a car or anywhere else on your property.
The academy recommends guns be unloaded any time they are set down.
Contributing: Drake Bentley and Elliot Hughes, Milwaukee Journal Sentinel.
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