PARIS – The grandfather of a 9-year-old boy who shot himself accidentally in June is facing misdemeanor charges of endangering the welfare of a child and marijuana cultivation.
Charles Martin of Mexico, grandfather of Tyler Richard, will be issued a summons to appear at Rumford District Court, Assistant District Attorney Joe O’Connor said.
Richard accidentally shot himself in the chest with a .38-caliber Derringer handgun, which was concealed beneath couch cushions in Martin’s home. Martin had left the house to pick up food at the time of the accident.
Later, officers searching Martin’s residence on Swift River Road confiscated three firearms, including the Derringer, as well as marijuana plants.
O’Connor said Maine State Police investigated the incident, and he received their report last week. The District Attorney’s office reviews misdemeanor cases before issuing criminal complaints to the district courts.
The determination for the child endangerment charge was based on Martin leaving the gun and drugs where Richard could get them, as well as leaving Richard unattended, according to O’Connor.
“There’s no intention of malice,” he said, “but we feel he was reckless in leaving the gun and drugs and drug paraphernalia where the child could get at them.”
An official at Rumford District Court said the complaint had not been received by late Thursday afternoon.
Richard has been released from the Maine Medical Center in Portland, where he was treated for a wound to his upper body.
“At this point, we don’t have any reason to believe that he won’t make a full recovery,” said Ron Hoffman, whom Martin has appointed as his counsel.
Hoffman said he believed Richard had visited Martin two weeks ago.
Hoffman said he believes the seized weapons will eventually be returned to Martin.
“I don’t foresee those guns being used as evidence, especially those other two,” he said. “They should be returned at some point.”
In addition to the Derringer, police confiscated a muzzleloader and shotgun.
Though Martin declined to speak to the Sun Journal, he previously said he would no longer keep guns in his house.
Martin also previously said he did not have a prescription for the marijuana plants, but was using it for a medical condition.
Hoffman said he hadn’t seen the results of the police investigation, but estimated that Martin possessed four to six plants.
He said he hadn’t discussed Martin’s medical condition with him, but that he understood that the plants would be returned to Martin if he has a prescription.
“It’s too early to speculate on that,” Hoffman said.
Each of the charges is a Class D misdemeanor, which carries a maximum sentence of one year. However, Hoffman said any sentence would likely be concurrent, and estimated that Martin will spend “very little to no time” in jail.
Hoffman said the serious nature of the incident precludes the possibility of a deferred disposition, which allows a person to forgo sentencing if they are able to comply with certain conditions during a set period of time.
O’Connor said he did not believe Martin has any criminal history.
Neither O’Connor nor Hoffman knew when Martin will appear in Rumford District Court.
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