Vacaville police said this morning they don’t yet have any plans to pursue charges in connection with the death of a 2-year-old girl who was accidentally shot by her 8-year-old brother Wednesday afternoon.”The criminal investigation is ongoing and the family is cooperating. We are very sympathetic,” Sgt. Jeff King said.Police on Wednesday removed six firearms — rifles, shotguns and two pistols — from the home in the 1000 block of Syracuse Circle where the tragic shooting happened at about 2:10 p.m., King said.The father in the family is a member of the U.S. Army Reserve and is on active duty, King said.”It appears some of the weapons were inherited. Some of them were old guns and were not functioning,” King said.The shooting happened in the bedroom of the home and both parents were home at the time, police said.”The boy was playing with a loaded gun. We don’t believe he knew it was real or loaded,” King said. The girl was taken to Vaca Valley Hospital where she was pronounced dead. Police have not released the names of the family members.The boy is in protective custody to ensure his safety, King said.One of the charges that could be filed against the parents is a felony violation of a California penal code that requires loaded weapons to be locked in a secure place that is inaccessible to a child.A first-degree violation of the penal code resulting in great bodily injury or death is punishable by a 16-month, two- or three-year state prison term and a fine of up to $10,000.The penal code states that the district attorney’s office may consider factors including the impact of the child’s death on the parents when deciding whether to prosecute.”It is the Legislature’s intent that a parent or guardian of a child who is injured or who dies as a result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist,” reads penal code 12035.An autopsy is scheduled for today.
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