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Thursday, April 18, 2024 | Back issues
Courthouse News Service Courthouse News Service

Family Says Child Was|Shot by a Cop’s Gun

SAN BERNARDINO (CN) - A Chino, Calif. motorcycle cop left his police-issued rifle "unlocked, unsecured and without a trigger lock" at an elementary school, and a student pulled the trigger and shot another student in the eye, the 8-year-old boy's parents claim in court.

Lucky McVay's mother sued the City of Chino, its Police Department, the Chino Valley Unified School District and Santa Cruz Gun Locks on Aug. 5, in San Bernardino County Court.

The McVays claim that on Oct. 23, 2013, a Chino police officer arrived at Newman Elementary School and "left his police department-issued rifle on his motorcycle unlocked unsecured and without a trigger lock. At said time and place another student of the Newman Elementary School pulled the trigger on the rifle and it discharged, striking plaintiff. Plaintiff was struck by the bullet of the rifle and shrapnel or a bullet fragment hit his left arm left thigh and right eye."

The City of Chino and the Chino Valley Unified School District denied the family's claims for injury.

The family seeks punitive damages for negligence, gross negligence, emotional distress, negligent hiring and supervision, and product liability - against Santa Cruz Gun Locks.

They are represented by James Devitt, with Devitt & Saltzburg, of Los Angeles.

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