‘Unfortunately, kids are curious and guns are deadly’: Man arrested after 3-year-old shot himself and died

CHESTERFIELD COUNTY, Va. (WRIC) -- Police arrested and charged 37-year old Jeffrey Greene with felony child neglect in connection to the tragic death of a three-year-old Thursday night.

The child was found shot to death in his Chesterfield home around 7 p.m. along Avalon Heights Road. Investigators believe the child was handling the gun, which has been confirmed to belong to Greene, when he shot himself.

"Unfortunately, kids are curious and guns are deadly," Chesterfield County Police Captain Randy Horowitz told 8News. "It is illegal to allow a minor access to a firearm and when a child is injured by accessing that firearm, it is a felony."

Greene has been charged with felony child neglect and a misdemeanor charge of allowing a child access to a firearm.

The complexity of cases like this prompted 8News to speak with a local defense attorney for an unbiased, legal-expert's opinion on the case. Kevin Calhoun, an attorney with The Law Office of Cosby & Calhoun said that in order for Greene to be convicted, prosecutors need to prove a few things.

"The defendant has to be a parent, a guardian or other person responsible for the care of a child," Calhoun explained.

Officials confirmed Greene was not related to the child, but they lived in the same home and knew each other.

"Just the mere fact that it is someone unrelated does not necessarily make it more aggravated from a legal perspective," Calhoun clarified.

The lawyer also elaborated on what prosecutors will be looking at.

"Probably a big element in the case is whether there's been any kind of willful act or willful omission that relates to this," Calhoun began. "Whether one act or omission is willful or whether it's reckless, but not willful, you know, that would be an issue in the case."

Captain Horowitz said this type of tragedy happens more often than it should. On Friday, he reminded gun owners they have a responsibility to properly store their weapons. This means keeping it unloaded in a locked storage container — out of reach of children.

"I'm sure that this child, or any child in that house, didn't realize that there was such a danger," Horowitz said. "But, you have to keep them away from any child. You have to keep them safe, locked up, unloaded -- whatever it takes to avoid this."

Calhoun said Greene is looking at a Class Four felony, which means he could face up to ten years behind bars. Overall, it's going to come down to prosecutors evaluating the entire situation as a whole -- taking into account all of the circumstances that lead to this tragedy.