SMITH COUNTY, TX (KLTV) - Charles McLean, 60, of Flint, the grandfather of two year old Jayden McLean, was arrested Monday on a misdemeanor charge of making a firearm accessible to a child. Jayden is the toddler who shot himself at a club owned by his grandparents earlier this month.
Smith County Sheriff J.B. Smith says that his office and the District Attorney agreed that someone has to be held responsible for what happened to Jayden.
When KLTV spoke to Mr. and Mrs. McLean on September 16, 2010, they both said that the shooting was an accident.
According to McLean's arrest affidavit, he told investigators that the handgun that was used is usually kept in a safe at the Sports Club, but was out on the office desk at the time. Sheriff Smith says that was a sign of neglect, and the McLeans knew that charges were a possibility.
"They've been aware of it from the beginning, and rightfully so," said Smith. "This is a tragedy, and it's a terrible thing, and luckily, the baby is ok, to the best of our knowledge."
Jayden is back at home recovering now. The 'making a firearm accessible to a child' charge is a Class A misdemeanor, so punishment could include a year in jail and a $10,000 fine.
Authorities say Mrs. McLean is not facing any charges yet. Sheriff Smith says his office won't take it any further, but the District Attorney still could. Our calls to the D.A.'s office Monday afternoon were not returned.