By Aaron Miller-
A Florida mother was charged in the death of her husband after their 2-year-old son appeared to fatally shoot him in the back, authorities said Monday.
Marie Ayala, 26, was charged with one count of manslaughter by culpable negligence after failing to properly secure a Glock handgun that the boy is believed to have shot his father with while he was playing a video game, according to an arrest affidavit from the Orange County Sheriff’s Office.
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The boy’s 5-year-old brother told authorities that his sibling accidentally fired the gun, the affidavit says.
“The gun was not properly stored, and in fact, it was easily accessible even to a two-year-old, and the result is a tragedy in this community that no one can comprehend,” Orange County Sheriff John Mina told reporters, according to NBC affiliate WESH.
In a statement, the department added: “The children were not injured physically, but they will likely carry emotional wounds forever. Not only have they effectively lost both parents, the toddler who accidentally shot his father in the back will have to grow up with the knowledge that his actions caused his dad’s death. If you own a gun, always be responsible.”
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Ayala told investigators that the couple and their three children — including an infant — were in the bedroom of their Orlando home on May 26 when the gun went off and a bullet struck her husband, Reggie Mabry, the affidavit says.
Under Florida law, a loaded firearm in the home must be kept in a locked box/container or secured with a trigger lock if a child under 16 can access it.
In this tragic case, both Mabry and Ayala should not have had access to a firearm on the grounds that they are convicted felons.
Both were also on probation for child neglect and narcotics possession at the time of the incident, Orange County Sheriff John Mina told reporters at a news conference, Monday.
“The gun was not properly stored,” added Sheriff Mina, “In fact, it was easily accessible, even to a 2-year-old, and the result is a tragedy that no one in this community can really comprehend.”
According to NBC News, Ayala told deputies that the gun went off while the couple and their three children – including an infant – were relaxing in the bedroom of their Orlando home.
Detectives originally believed they were dealing with a death by suicide, but Ayala told them her son had fired the weapon, reported The New York Times.
She added that she heard a “loud pop” and found her husband on the floor, then began CPR, the Times reported. Mabry later died of his wounds in hospital.
“She advised it was not safe. She acknowledged that any child in the room could have figured out how to get the gun out of the bag,” the affidavit quotes a member of the sheriff’s department saying, reported NBC.
Ayala appeared in court Saturday charged with one count of manslaughter by culpable negligence and another of illegal possession of a firearm, the outlet reported.
She is currently being held in lieu of $10,000 bond, jail records show. Ayala is being represented by the public defender’s office.
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