FT. LAUDERDALE (CBS4) – A 79 year old man charged with unintentionally shooting a child was released from the Broward County jail this afternoon pending trial.
James McIvery will have to wear an ankle monitoring bracelet and will be staying at an assisted living home in Pembroke Pines.
McIvery was charged with aggravated battery with a deadly weapon for the August 7th incident that happened outside his Ft. Lauderdale home.
On that Sunday afternoon, police say McIvery fired several shots into the ground after he says kids were repeatedly harassing him pounding on his door. One of the bullets struck Traves Neal, 12, in the stomach and sent him into surgery.
Neal is recovering at home and will return to school next week. His mother told CBS4’s Joan Murray he will need to have surgery in early September to remove the bullet still lodged next to his liver.
“The first time he shot at the floor, then the second time he shot 3 times,” said Neal remembering the moment he was struck.
Neal says another child kicked McIvery’s door.
When he heard the shots he said, “I almost had a heart attack. I was that close to it.”
His mother Sheameaka Lewis acknowledges that it was an accident but she says she believes McIvery should still be held accountable.
‘I think he should pay, he shot a kid,” said Lewis. “But it’s up to my son, whatever makes him happy makes me happy.”
But McIvery’s friends hope prosecutors will drop the case.
“I’m glad the kid is doing okay. But hopefully it will all go away,” said Robert Thomas.