3 year old shot by accident, Mom gets probation.

[CoGirl303]

https://www.denverpost.com/2018/02/1...dler-shooting/

Monica Abeyta

A Colorado Springs woman who admitted that she didn’t secure a loaded pistol that her 3-year-old son used to shoot his 2-year-old brother was ordered to serve four years on probation.
Monica Abeyta, 31, was sentenced to probation as a result of a plea bargain accepted by a judge Monday in 4th Judicial District Court.

Under terms of the deferred sentence, backed by prosecutors, all charges against her will be dismissed if she stays out of trouble and keeps up with other requirements while on probation, including an agreement not to use illegal drugs.

Abeyta was arrested after her 3-year-old son shot his younger brother on June 3 while playing with his mother’s handgun, which he found in her backpack. Abeyta told police that she had the gun for protection because she is a single mother. She usually kept it in a lockbox, but had kept the gun with her the night before after hearing a noise that made her paranoid.

The 2-year-old was shot in the back and has largely recovered after a surgery that removed up to 20 percent of his small intestine. The boy has a slight limp for which he is receiving physical therapy.

“His big brother helps a lot, too,” said Joseph Rankins, who shares custody of the children. “They’re getting bigger, better and stronger every day.”

Read the full story at Gazette.com

from the other article (at the bottom of the one quoted above

Prosecutor Oliver Robinson said in court that he backed the deferred sentence partly because Abetya was quick to take accountability.

That'll really unshoot the kid and teach her. Once again, another prosecutor who gave a plea deal on a gun charge. Useless liberal pos. There is NO EXCUSE for this in my mind. None. Zilch. Zip. Zero. But hey, she's a junkie and has kids, so let's give her sympathy and probation. That'll really fix the problem.

Chastise me if you want, but this was 100% preventable. On the bright side, she has a felony now, so she can't possess or own a gun legally anymore...but that's never stopped criminals before.

[Irving]

I didn't see anything about her using drugs or having a felony, was that from another article? Also, I'm confused what you wanted to happen to her.

[CoGirl303]

I didn't see anything about her using drugs or having a felony, was that from another article? Also, I'm confused what you wanted to happen to her.

I thought I had seen it in the original article but its from another article. But in the article above it mentioned terms of her probation were no illegal drug use which isnt usually a term unless drugs are involved ir they have a history of it.

But here is the article that talks about it.

http://www.kktv.com/content/news/2-y...426185831.html


As part of the plea, she pled guilty to one felony charge and a misdemeanor charge so she is now a convicted felon.

Shouldn't be any plea deal. Should be prison time for the maxmimum amount of time that charge carries for leaving your gun where a little kid can get to it that something like this happens.

Unacceptable.


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[sniper7]

While the situation is terrible, taking a mother away from her kids and putting them through that is a horrible situation for them.
Even if she had some drug use in the past maybe she has cleaned up her act after having kids. She screwed up, I’m sure it devestated her to almost lose her youngest.

[Irving]

That's pretty much how I feel. No need to burden others with her kids. Is it even an actual crime to leave a gun where a kid can find it? Should the 3 year old face the maximum punishment for his crimes as well?

Not saying it's right, just how I feel.

[WETWRKS]

As part of the plea, she pled guilty to one felony charge and a misdemeanor charge so she is now a convicted felon.

It is a deferred sentence. That means they set the charges aside and if she doesn't get into trouble and gets done with the probation then all the charges get thrown away. In other words if she doesn't get in trouble before she gets done with the probation then she won't be a felon. So she will be able to pass a bgc to buy firearms.

[Gman]

While the situation is terrible, taking a mother away from her kids and putting them through that is a horrible situation for them.

^THIS

Making the kids wards of the state will certainly not help them.

[CoGirl303]

Still should serve the full 6 years. That kid lost part of intestinal network. He'll have to deal with the effects of that forever.

Cant believe you asked if a 3 year old should serve the maximum sentence...a 3 year old doesnt know any better. This mother did kniw better.

According to this there are no secure storage laws in Colorado.
http://www.level1firearms.com/educat..._a_firearm.php

But they should have gotten her on the other charges. inexcusable.

It is a deferred sentence. That means they set the charges aside and if she doesn't get into trouble and gets done with the probation then all the charges get thrown away. In other words if she doesn't get in trouble before she gets done with the probation then she won't be a felon. So she will be able to pass a bgc to buy firearms.

I missed the deferral part.

Authorities said Abeyta admitted she had used marijuana the previous night and had a history of methamphetamine use. Since her arrest, she has passed her drug tests and has nearly completed a drug treatment course, her attorney said.

In October, she pleaded guilty to two counts of child abuse, one a felony and one a misdemeanor, and admitted her negligence as part of a dependency and neglect case opened by child welfare workers in the wake of the shooting.

Her felony charge normally carries a penalty of up to six years in prison.

I'm wondering since she has a history of meth and marijuana use if ATF would DQ her since it asks on the form 4473?










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[jslo]

^THIS

Making the kids wards of the state will certainly not help them.

Says that there is shared custody, assuming the father. So doesn't appear to be any "ward of the state" issue.

[XC700116]

While the situation is terrible, taking a mother away from her kids and putting them through that is a horrible situation for them.
Even if she had some drug use in the past maybe she has cleaned up her act after having kids. She screwed up, I’m sure it devestated her to almost lose her youngest.

I'm sorry, but this woman has NO BUSINESS raising those kids and has proven that she isn't responsible by virtue of this admission. She should be locked up for a while to think about her irresponsible behavior. Period She hasn't "cleaned up her act" since having kids, they are 3 and 2 years old but she admits to having used Meth as recently as last summer. Sorry, but using Meth that recently and having smoked pot the night before isn't cleaning up her act.

The arrest papers go on to say Abeyta admitted to officers that she smoked pot the night before and had used cocaine and meth in the past. She told police she hadn't done meth since last summer, but the arrest papers allege that a search of her house turned up a suspected meth pipe and suspected meth.