Macomb Co. prosecutor issues first charges under new safe storage law after boy, 8, shoots himself in head

Warren — Warren police and the Macomb County prosecutor on Wednesday implored gun owners to secure their firearms after announcing charges against the father of an eight-year-old who shot himself in the head in Warren last week, the first time a parent in the county has been charged under Michigan's new safe storage law.

Prosecutor Peter Lucido has charged Theo Nichols, 56, with child abuse in the second degree, firearm safe storage violations and possession of a firearm by a prohibited person. The new safe storage law went into effect Feb. 13.

The case serves as "a tragic warning to every family out there," Lucido said at a press conference at Warren Police Department Wednesday morning. "Do your part. Do not back down. If you own a gun, you have children, and their safety is at risk."

The eight-year-old child shot himself in the head April 19 after allegedly finding an unsecured handgun at a residence at 25166 Hoover Road, according to Warren police. WPD Public Information Officer John Gajewski said that as of Wednesday morning, he remains in "extremely critical condition." WPD’s investigation is ongoing, and Child Protective Services is also conducting a separate inquiry.

Gajewski said that Nichols and the child's 33-year-old mother were at home when the incident occurred, as well as the victim, his six-year-old sister and six-month-old twins. Gajewski said that a handgun was "unsafely and unsecurely" stored on top of a kitchen cabinet inside the family's apartment. He added that it appears the child used a chair to access the handgun.

"The handgun was loaded and stored," he said. "No safes, lockboxes or gunlocks were utilized or located anywhere inside this apartment."

Lucido said Nichols was prohibited from having the firearm because he was previously convicted of possession of a controlled substance.

State legislation approved last year requires people with a minor in their home or those who know "reasonably" a minor will come into their home to store their firearms safely. The guns must be unloaded and locked with a trigger-locking mechanism or stored in a locked storage container.

Even though the state legislation is in place, “you can clearly see that people violate the law," said Lucido.

“All of us have agreed, no one’s a winner here,” he said. “This is a tragic, tragic event that we’ve gotta now prosecute a father for doing something that he shouldn’t have done, and he’ll lose a child potentially over this. I hope not. I hope God saves his child.”

Acting Warren Police Commissioner Charles Rushton said the department and other agencies in Macomb County offer gun locks for free. He said that when residents come into Warren Police Department to get a gun lock, the only question the department will ask is: “How many do you need?”

"It's the recommendation of the Warren Police Department to either secure your weapon in a safe that's inaccessible to children or youth or to use a gun lock," he said.

Nichols' probable cause hearing is scheduled for 8:45 a.m. April 30 in Warren's 37th District Court. His preliminary exam is set for 8:45 a.m. May 7.

asnabes@detroitnews.com