Mich. Boy, 2, Accidentally Killed Himself with Gun Belonging to Convicted Felon, Who's Now Charged: Police

Avis Damone Coward is charged with being a felon in possession of a firearm. Additional charges may be filed in the case, a source tells PEOPLE

A Michigan toddler is dead and a convicted felon is now accused of illegally possessing the gun the boy accidentally shot off while in the car with his mother at a gas station last month, prosecutors announced Wednesday.

Avis Damone Coward is charged with being a felon in possession of a firearm, Mark Totten, U.S. Attorney for the Western District of Michigan, said in the press release, alleging that the 2-year-old, who has not been publicly identified, later died as a result of the accidental discharge at the Sunoco gas station in Lansing the afternoon of October 24.

Just one minute after Coward got out of a white GMC Yukon and went inside the gas station, a bullet hole riddled the window of the vehicle, according to video surveillance referenced by prosecutors.

Related: Toddler Who Accidentally Shot Himself at Michigan Gas Station Has Died

Moments later, the child’s mother exited the car, holding her child with blood pouring from his head, prosecutors allege. And as she got out, Coward’s gun allegedly fell out of the car and onto the pavement.

Returning to the family, Coward reached for his gun and put it back in the car, according to prosecutors, who shared still images of the video surveillance depicting him reaching onto the pavement for the gun and laying it back inside the vehicle. (The gun had reportedly not been immediately recovered by investigators.)

Firefighters rushed the toddler to a hospital for treatment that afternoon, but the child died the next night.

“Death of a child by gunfire is a story that should never be written,” Totten said in the press release. “Yet beginning in 2022, and for the first time ever, gun violence has become the number one cause of death for kids in America.”

Totten called gun violence a “swelling epidemic” that “reaches our most innocent.”

More than half of U.S. gun owners do not safely store their firearms, according to a 2018 survey by the Johns Hopkins Bloomberg School of Public Health.

Under an upcoming Michigan gun safety law passed earlier this year, gun owners must keep firearms “unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that a minor is or is likely to be present on the premises.”

If they do not and a child accesses the gun, causing a death, the gun owner faces up to 15 years behind bars and/or a fine of $10,000.

Related: 2-Year-Old Mich. Boy in Critical Condition After Shooting Himself Accidentally at Gas Station

However, that law does not go into effect until March 2024, according to Ingham County Prosecutor John J. Dewane, so it will not be applicable in this case. In the future, that law “will make a difference,” Dewane said in an earlier statement about the toddler’s death.

On Halloween night, investigators recovered the Yukon – where the toddler allegedly shot himself – in a field in Lansing, Mich. It was "heavily damaged by fire," according to the complaint, which was obtained by PEOPLE.

Calling the toddler’s accidental shooting death “a parent’s worst nightmare,” Detroit Field Division Special Agent in Charge James Deir said in the statement announcing the charge that the “heartbreaking” case “reinforces the importance of responsible gun ownership and safety storage.”

“A child should never be left alone with a gun,” he continued in the statement. “Leaving the gun at home in a secure gun safe or using a safety device, such as a gun lock, prevents tragedies like this.”

Want to keep up with the latest crime coverage? Sign up for PEOPLE's free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.

Deir urged that anyone who wants a free gun lock or more information on how to safely secure their firearms may contact the ATF Detroit Field Division.

The toddler’s case remains under investigation and there could be additional charges filed, an official from a local agency involved in the investigation tells PEOPLE.

It's not immediately clear if Coward has retained an attorney.

For more information on safe firearm storage and the most effective ways to protect children from unsecured firearms, visit BeSMARTforkids.org.

For more People news, make sure to sign up for our newsletter!

Read the original article on People.