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Huntsville police: No weapon charge for second-grader in firearm discharge incident

HUNTSVILLE – A second-grader will not face a weapon charge following an investigation into a handgun discharging incident last week at a Huntsville elementary school.

In a news release, the Huntsville Police Department said today it has concluded its investigation into the incident that occurred Feb. 6 at Challenger Elementary School.

Investigators said the firearm discharged while inside the student’s backpack. The bullet exited the backpack and struck another student’s backpack. The bullet was ultimately stopped by the student’s laptop in their backpack. The school nurse evaluated the student, who showed no signs of harm.

Related story: Handgun goes off in second-grader’s backpack; no one injured 

HPD said it consulted with the victim’s family, the Neaves Davis Center, and the Madison County District Attorney’s Office regarding the appropriate legal course of action.

On the day of the incident, HPD filed two criminal case reports: one for unlawful possession of a pistol by a minor and another for reckless endangerment, according to the news releasee.

The District Attorney’s Office said it would not issue a warrant for the second-grade student for unlawful possession of a pistol by a minor. Additionally, the victim’s family has been referred to the Neaves Davis Center regarding the charge of reckless endangerment.

Immediately after the shooting, officers located the student in the school and conducted a search of their backpack, discovering a loaded firearm.

An HPD investigator responded to the school to further assess the incident. The child was unable to explain how the firearm ended up in their possession. Further investigation could not determine how the firearm was placed in the backpack, police said.

HPD said the Department of Human Resources was contacted to implement a safety plan and speak with the student’s family.

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