On April 26, 2004, at 3906 Byrony Road in Randallstown, 4-year-old Miles Smith, Jr. found a loaded .40 caliber Smith and Wesson semi-automatic handgun in his father's gym bag, which had been left on the living room couch. Miles, Jr. and his six-year old cousin had been playing a game searching for a key that had been hidden in the living room.
None of the adults who were in the home at the time were aware that the gym bag contained a loaded and unsecured handgun. Miles Smith, Jr. found the gun, apparently began playing with it, and shot himself in the head. He died as a result of his injuries.
At the time of the shooting Miles Smith, Sr. and Nicole Smith were at work. Miles Smith, Sr. had been holding on to the handgun as a favor to a family friend who did not want the handgun in her home. He had stored the handgun in the gym bag and kept it locked in the trunk of his car. When a friend asked to borrow his car Miles Smith, Sr. cleaned out the car and brought the gym bag into his home.
After a thorough investigation, the Baltimore County Police Department forwarded the police report to the Baltimore County State's Attorney's Office for a decision on prosecution. Deputy State's Attorney, Stephen Bailey, entered into an agreement not to prosecute Miles Smith, Sr. for a violation of Criminal Law Article, section 4-104 Child's Access to Firearms in exchange for his participation in a firearm's safety training video and public service announcements (PSA). These would promote compliance with Maryland Law which requires gun owners to secure and store their firearms so that the guns are not accessible to a child under sixteen. A violation of this crime is a misdemeanor that carries a maximum sentence of a $1,000.00 fine.
The safety message will be used by the Baltimore County Police Department as part of the annual training that every officer receives regarding firearms safety. The PSA and training material will be made available to others upon request to the Baltimore County State's Attorney's Office. The PSA and safety message are being hosted on line by Comcast.
Revised November 23, 2004
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