No charges filed in toddler shooting death
June 14, 2011 @ 12:00 AM
DAVID E. MALLOY
CATLETTSBURG, Ky. -- No criminal charges will be filed in connection with the death last month of 2-year-old Kathlynn "Addison" Tussey, said Commonwealth's Attorney David Justice.
The case was presented Monday to a Boyd County grand jury. The panel returned 10 indictments in unrelated cases, but no charges were filed in connection with the death of the girl, who accidentally shot herself with a gun left in an unlocked console in a parking lot outside Cheddar's Restaurant at the Ashland Town Center Mall.
"I felt it ought to be looked at," Justice said. "The grand jury saw fit not to return an indictment. I cannot say I disagree with them. It was a very tragic situation."
The child picked up a loaded, small-caliber handgun with no external safety on it and shot herself in the face. She died at a Huntington hospital later that day. Her father, Gary Tussey, has a concealed weapons permit for the handgun. He was inside paying for his family's meal and his wife, Brandy Tussey, was putting a baby into a child safety seat when the gun went off, according to Ashland police.
Ashland police investigated the shooting and chose not to file any charges in the case. That investigation was presented Monday to the grand jury.
"In any situation involving children or the elderly, I let (the grand jury) make the decision," Justice said.