HOMESTEAD (CBSMiami) – A man is dead after his 6-year-old grandson accidentally pulled the trigger of his uncle’s unattended rifle during a barbecue at the family’s home.
Juan Manuel Martinez Jr., the 6-year-old’s uncle, was having a barbecue with his father Juan Martinez Sr. on Sunday May 25th.
The two, along with a friend who was visiting, were drinking beer and snorting cocaine while socializing, according to the arrest affidavit.
While hanging out, Martinez Jr., 28, went to his room and retrieved an assault rifle to show to his friend.
While outside, Martinez Jr. removed the magazine, looked inside, and reinserted it into the magazine well. The family friend didn’t wish to touch the rifle, according to the affidavit, but it was then handed to his father, Martinez Sr., who then placed it on a table near the barbecue.
Martinez Sr.’s grandson then grabbed the rifle and pulled the trigger which struck the grandfather in the right side of the chest.
He was transported to Kendall Regional Trauma Center where he later died from the gunshot.
Martinez Jr. was, according to the affidavit, spontaneously told officers that the shooting was an accident. He did confirm, post Miranda, that he removed the magazine from the rifle to show the friend that it was a real rifle. He also said that the magazine was loaded before he reinserted the magazine well.
Martinez Jr. was arrested for culpable negligence and transported to TGK.