Father sentenced after 7-year-old fatally shot with unattended gun in DeKalb

Daugherty’s other son, who was 5, was also in the car at the time of the incident.

Daugherty told officials he parked at a pump and hopped out of the vehicle with his two sons. When he noticed Z’ayre was missing a sock and shoe, he told the boys to get back in the car and wait for him.

He then took his gun off his waistband, wrapped it in a cloth and placed it under the driver’s seat before going into the gas station, Chaffins said.

While inside, he noticed one of the SUV’s rear doors was open. He returned to find Z’ayre shot.

Officials are still unsure exactly what happened. Authorities said surveillance video only captured movement in the back seat before a flash of gunfire.

Daugherty “was unsure if Z’ayre had shot himself or had been shot by his brother. The brother was unable to tell investigators what exactly had happened,” Chaffins said.

According to Georgia law, a second-degree murder charge applies if prosecutors can prove a child died due to criminal negligence. That is, whether an adult was aware or should have been aware of a gun being within reach of the child and did nothing to secure it. Under the law, the alleged negligence amounts to child cruelty in the second degree, which is why the charges accompany each other if the child dies.

The combination of charges is one of the few legal avenues Georgia prosecutors can use to impose consequences for parents or caregivers who do not securely store their weapons since the state does not have a law requiring the safe storage of firearms.