An 18-year-old in West Virginia has been taken into custody following the fatal shooting of a child inside a residential home earlier this week, involving an AR-style rifle, according to local law enforcement authorities.
Gabriel Osorio faces charges of child neglect resulting in death, as confirmed by the Oak Hill Police Department.
The tragic incident took place on November 3 at a residence located on Third Street in Oak Hill, a small city approximately 50 miles southeast of Charleston.
Upon responding to a reported gunshot injury, officers arrived at the scene and encountered the teenager, who “appeared distressed and was screaming for help,” according to a criminal complaint obtained by Lewisburg-based CBS and Fox/MyNetworkTV affiliate WVNS.
Responding officers also discovered a young boy lying on his back in the front doorway of the residence, with visible blood on his head, the Oak Hill Police Department reported.
An officer immediately attempted to render aid while additional first responders were summoned to assist, though their efforts proved unsuccessful. The child was transported to an initial hospital before being airlifted to a second medical facility, where he was ultimately pronounced dead, according to authorities.
Inside the residence, investigators recovered what they identified as an AR-style firearm resting on top of a bed, as detailed in the charging document.
During preliminary questioning with detectives, the defendant allegedly claimed that the victim had been shot by another minor present at the scene. Subsequently, investigators identified two additional children across the street from the residence, interviewed them, and separated all witnesses for further questioning, police reported.
Following the reading of his Miranda rights, the defendant allegedly informed police that he had invited the three minors to the residence while his stepmother was away at the bank. According to the charging document, Osorio had set up a speaker in a bedroom to allow the minors to listen to music during their visit.
The defendant stated that one of the children discovered the firearm , which he had purchased just days prior , stored beneath the bed, and retrieved it so that the group could pose for photographs with it, according to police. Osorio informed investigators that the rifle did not have a magazine inserted at the time.
According to the charging document, the defendant explained that the magazine was stored separately in a locked box. At some point, however, one of the minors reportedly discovered a key to the box, unlocked it, and removed the magazine, Osorio allegedly told police. The defendant then intervened, taking the firearm away from the minors and instructing them to leave it alone, as outlined in the charging document.
Shortly thereafter, while Osorio was in the kitchen eating, a single gunshot was fired, according to the complaint. The defendant proceeded to the bedroom, where he discovered the injured child. He further stated that he witnessed another child throw the firearm onto the bed, police reported. Osorio allegedly attempted to prevent the child who apparently discharged the weapon from fleeing the scene before returning to the wounded child to provide assistance and contact emergency services.
The defendant is currently being held without bond at the Southern Regional Jail.
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