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Westland parents face charges under new law in shooting of their 5-year-old son

In another parental responsibility case involving guns and children in Michigan, a Westland mother and father were charged Tuesday in the death of their 5-year-old son, who died by his own hands after he found his parents' gun and accidentally shot himself had shot it with it.

According to Wayne County Prosecutor Kym Worthy, the gun was improperly stored when the boy found it in his home last week and fired it, fatally hitting himself in the stomach. His parents, Timothy Gravel, 32, and Heather LeBlanc, 29, both of Westland, are now charged under Michigan's new safe custody law, which went into effect in February and allows prosecutors to hold parents criminally liable if their Unsecured weapons end up in the hands of minors who then use the weapon to either kill or injure themselves or another person.

The Westland case is tragically similar to the fatal Oxford High School shooting in 2021 in that it was also carried out by a boy who found his parents' unsecured gun in the house – except this shooter used the gun to kill others , not yourself. At the time of the shooting, there was no safe storage law in Michigan. Still, his parents, James and Jennifer Crumbley, made history this year when they became the first parents in America to be charged in a mass school shooting committed by their child. The couple was charged and ultimately convicted for failing to properly secure the weapon, resulting in the loss of four students' lives. They are each serving ten years in prison, but both have appealed.

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Her son, Ethan Crumbley, pleaded guilty and is serving a life sentence, although he is also appealing.

Meanwhile, the Westland couple faces a similar fate to the Crumbleys over an issue that resonated with the jury – the storage of their gun.

“Another small child is dead because adults failed to safely store their firearms – yes, that’s the plural. This child's death was completely preventable. This is the seventh this year,” District Attorney Worthy said in a statement announcing the charges.

According to Worthy, the incident occurred around 8:40 p.m. on Nov. 7 at a home in the 33000 block of Alamo Street in Westland, where the boy found his parents' gun and shot himself with it. He was taken to a local hospital where he was pronounced dead.

The boy's parents were arraigned Monday in 18th District Court. Gravel was given a $50,000 cash/surety bond; LeBlanc was given a $25,000 cash/surety bond. It was not known late Tuesday whether they had posted bail. The two are scheduled to appear at a probable cause conference on November 21, where a judge will determine whether there is enough evidence to put the couple on trial in a case that may affect the state's new safe custody law provides a test.

If convicted, the couple could face up to 15 years in prison and/or a $10,000 fine. The couple's lawyers were not available for comment Tuesday evening.

Michigan's new safe storage law, which went into effect on February 13, requires individuals to unload and lock unattended weapons with a locking device or store them in a locked box or container if it is reasonably known that they are likely to be there a minor is on company premises.

According to the Michigan Department of Health and Human Services, data shows that guns that resulted in unintentional deaths of children and teens were often stored both loaded and unlocked, and occurred while the child was playing with the gun or sharing it with others showed.

If a person fails to store a firearm as required and a minor receives the firearm and any of the following occurs, he or she is guilty of the following:

  • If the minor possesses or displays the firearm in a negligent, reckless or threatening manner in a public place or in the presence of another person, the minor is guilty of a misdemeanor punishable by up to 93 days in prison or a fine of up to The fine is $500. or both.
  • If the minor fires the weapon and injures himself or another person, it is a felony punishable by up to five years in prison, a maximum fine of $5,000, or both.
  • If the minor fires the weapon and seriously impairs a bodily function in himself or another person, it is a felony punishable by up to 10 years in prison and/or a $7,500 fine.
  • If the minor fires the weapon and kills himself or another, it is a felony punishable by up to 15 years in prison and/or a fine of up to $10,000.

According to MDHHS, firearms became the number one cause of death among children in the U.S. and Michigan in 2020, surpassing motor vehicle deaths and deaths caused by other injuries.

According to the Centers for Disease Control and Prevention, two-thirds (67%) of unintentional gun injury deaths among children and adolescents occurred when the shooter was playing with a gun or showing it to others. Overall, firearms that resulted in unintentional injuries and deaths were often stored unlocked (76%), and most of these unlocked firearms were also loaded (91%). Unlocked firearms were most commonly accessed from a nightstand or other sleeping area (30%).

Additionally, guns are involved in more than half of suicide deaths in Michigan.

For more information about gun safety and children, visit the MDHHS Firearm Safety website.

Contact Tresa Baldas: [email protected]

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