GILROY—The teenage stepdaughter of a Gilroy policeman accidentally shot herself in the leg Monday with his pistol and is in stable condition after emergency surgery, according to Gilroy Police Department Sgt. Royce Heath.
How the girl gained access to the weapon in the officer’s home at about 3 p.m. on the 500 block of El Cerrito Way is unclear, Heath said. The pistol is privately owned by the officer, who police declined to name; it is not a department-issued gun nor is it registered for use on the job, Heath said.
Police decline to reveal the victim’s age other than to say she is a “juvenile” teenager and are not releasing the caliber of the weapon she used.
Simultaneous criminal and internal investigations are underway to determine how weapon wound up in the hands of a minor and to find out whether the pistol was stored in compliance with the law.
Police are interviewing the victim and her officer-stepfather.
It is not standard procedure to place an officer on either paid or unpaid leave following an incident like this, Heath said, adding the officer is on regularly scheduled, paid time-off.
California law requires that handguns and long guns be stored in a locked safe or secured with a cable lock to prevent unauthorized access.
“The laws that govern civilians govern police officers as well,” Heath told the Dispatch Tuesday. “There are no exemptions for safe storage of firearms for law enforcement.”
While investigators say they believe the shooting was accidental, they will look into whether the girl thwarted any safety measures, such as defeating a lock, and if they were in place when the incident took place.
“A potential issue of concern is whether there was criminal storage of the firearm,” Heath said. “At this point…we don’t know.”
Police hope to complete the investigation and submit findings to the Santa Clara County District Attorney’s Office for review by Friday, Heath said.
The decision to file criminal charges rests with the District Attorney and that office considers “the totality of the circumstances,” he added. If the officer is charged with a crime, law requires the release of his name, Heath said.
Reasonable attempts must be made to secure a firearm, according to the law.
Keeping a loaded pistol in an unlocked nightstand drawer that children have access to could be considered criminal storage under California law, Heath said.
“What it boils down to is, were preventative measures taken?” he said, citing cable locks, a locked gun safe and locked drawers as examples of preventative measures.
It’s standard operating procedure for the Gilroy Police Department to conduct a parallel internal investigation along with a criminal investigation in such incidents, Heath added.
Findings will determination if discipline against the officer is warranted, he said.
“If there’s an incident that involves a firearm, it’s the same investigation regardless of whether a peace officer is involved,” Heath said.
