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Manslaughter charge for boy, 12
Youngster to be charged in fatal shooting in which friend died during handgun play
By LEIGH HORNBECK Staff Writer
Updated:10:35 a.m., Tuesday, December 28, 2010


WILTON -- As the family of Nicholas Naumkin prepared to lay their 12-year-old son to rest, police announced Monday that the boy who shot and killed him will be charged with manslaughter.

Michael O'Rourke, also 12, will be petitioned in Saratoga County Family Court. The boy's father, Edward O'Rourke, 56, of 1 Birchwood Drive, was charged with endangering the welfare of a child, a misdemeanor. O'Rourke was arraigned in Town Court and scheduled to return Jan. 25.

According to Saratoga County Sheriff James Bowen, the boys were left alone in the O'Rourke house to play video games on Wednesday. During that time, they found Edward O'Rourke's unloaded handgun in a holster hidden under clothes in his bedroom in a dresser drawer. They played with it awhile, then found a loaded clip in another drawer and inserted it into the pistol. The gun was loaded and unloaded several times before it discharged, Bowen said in a statement.

Naumkin fell to the floor with a head wound. Michael O'Rourke called 911 around 7 p.m. Naumkin was pronounced dead later in the day at Albany Medical Center.

Edward O'Rourke has a permit for the handgun, but according to the sheriff he was charged with a crime because he left "unsecured, loose ammunition" in his house.....................>>>>................>>>>..................Read more: http://www.timesunion.com/local/article/Manslaughter-charge-for-boy-12-922995.php#ixzz19V0UEqTt

The sheriff needs to read up on the law. The unsecured gun and ammunition is NOT against the law.
If they prosecute based on that, they will lose.
I'm sure the DA is not dumb enough to go with this strategy.
The father is definitely guilty because he left two 12 year old minors alone for 3 hours, but not because of the gun.

Charging that little boy with manslaughter is a CRIME by itself.  This was a terrible, terrible accident.  That boy, aged 12, will never have a moment's peace the rest of his life.  Saratoga County is just nuts.  Everyone should write letters to the county and tell them.  The father is at fault.  This is what comes from having guns at home.

Quoted from 612

This is what comes from having guns at home.

No, this what comes from having unsecured guns at home. The father was an idiot for leaving them unlocked.
I have two handguns in my home, both with combo trigger-locks and the ammo is in a locked box.

Guns don't kill people, people  coupled with stupidity kill people. The gun should have been securely stored with a trigger lock installed and the ammo locked in a separate location as 55tbird states.

I think the courts have a case for criminally negligent manslaughter on the father's part. I don't know the particulars.....only the bits and pieces that the news media puts out there.

Take your minds off the 'gun' for a moment.....
Say these kids were trying to light a joint and the house caught fire and one kid died as a result.
Say these kids got into the booze and one kid drank so much that he died of alcohol poisoning.
Say these kids were fooling around with a knife and one died as a result.

The crime......Leaving the kids unattended, which is almost common place today.

I think that the victim's parents will play a major role in the out come of this tragedy.

It's the fathers fault for leaving the kids unattended knowing that the gun was not secured. As BT states it could have been a fire or other tragedy and in the end it was a horrible accident that will haunt that kid for the rest of his life.

I thought 12 was the age you could leave your child alone?

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I thought 12 was the age you could leave your child alone?

I don't think so... I hesitated leaving my 15 year old home alone.

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The father is at fault.  This is what comes from having guns at home.

Doesn't take long for the liberal to take a fathers lapse of judgment and this tragic incident to blame guns.  What if the 12 year old found the spare set of car keys and went on a joy ride, crashing the car killing somebody?  Would you say "This is what comes from having cars in your driveway"?

This is a tragedy for all involved in this horrific ACCIDENT.

BS Cis--This is the father's FAULT.  Period.  However the kid should not be charged.  He's a kid and it was an accident.  This is what comes from guns unsecured yes Shadow.  But 55 for what reaason do you have a gun?  If someone entered your property you would end up like Barney Fife--looking for the gun than looking for the ammo.  What protection is that?  People should not have guns in their homes.  They are more apt to hurt you than an intruder.

This is such a tragedy for both sides I can barely think about it.

The Saratoga DA is known for being a bit "over the top" and short on mercy.   Prosecuting the 12 year
old boy for manslaughter will just cause another life to be destroyed by this senseless tragedy.

I agree 1,000% that the father was negligent for not properly securing his firearm and its ammo.

As for leaving 2 12 year olds home alone -- I think technically it is legal ... whether it is wise is another
matter.

Kids get into mischief at any age.  I know 12 year olds that babysit.  Perhaps these kids never displayed any mischeif-making before.  Who knows what was going through their heads.  Kids make mistakes all the time--so do adults.  No dress rehearsal to be a kid.  The other father must be distraught.

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But 55 for what reaason do you have a gun?  If someone entered your property you would end up like Barney Fife--looking for the gun than looking for the ammo.  What protection is that?  People should not have guns in their homes.  They are more apt to hurt you than an intruder.

This is such a tragedy for both sides I can barely think about it.

Who said I have a gun for protection? That's what happens when one ASSumes
I use them for recreation...I'll simplify it further for you...target practice.
Based on the 4th amendment and verified by the courts, you and your liberal friends have no right to tell me NOT to have guns in the house. If fact, my guns are locked up so well, that YOUR knives in the kitchen are more of a danger to children..how about removing those, and use plastic?

Quoted from 612

Kids get into mischief at any age.  I know 12 year olds that babysit.  Perhaps these kids never displayed any mischeif-making before.  Who knows what was going through their heads.  Kids make mistakes all the time--so do adults.  No dress rehearsal to be a kid.  The other father must be distraught.

I agree.   And that age is difficult for even the best behaved kids ... one mistake can lead to a tragedy.

Given that the weapon was unsecured, the accident could have happened even if the parents were home.