Des Moines father gets deferred judgment in daughter's accidental shooting death
Akeem Holmes' attorney says the Des Moines man already has punished himself more than any judge ever could.
Holmes was the father of 4-year-old Savannah, who died in May 2022 from what police said was a self-inflicted gunshot wound to the head. Her father told investigators he had gotten out his gun as two men were pounding on his front door, then put it down near a couch and left the room, at which point his daughter is believed to have found the weapon and accidentally shot herself.
Charged in June with neglect of a dependent person, involuntary manslaughter and making firearms available to a minor, he pleaded guilty and on Thursday was granted a deferred judgment.
Prosecutor Mike Salvner told the court that Holmes had cooperated from the beginning of the investigation and recommended that Judge Jeffrey Farrell approve the deferred judgment as part of a plea deal.
"There’s no doubt this was a tragic event, and a tragic event that could have been prevented by better caution and planning of how to handle a dangerous weapon," Salvner said. "Mr. Holmes has taken responsibility in all the legal sense of the word but also his personal life."
Defense attorney Jerry Foxhoven also advocated for the sentence, which requires Homes to serve five years of probation, and said Holmes' loss of his daughter is more than sufficient to underscore the seriousness of his mistake.
"He has struggled a good bit with depression as a result of this, as any good father would do," Foxhoven said. "... I think we can be pretty certain that nothing like this can ever happen again."
In addition to probation, Farrell also ordered Holmes to pay $150,000 in restitution to his daughter's estate, a penalty he said he was bound to impose by state law. Farrell approved the five-year term of probation, the longest permitted by law, after Salvner said it was requested not as a punitive measure, but to give Holmes and his family access to mental health resources and other services through the state for as long as possible.
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"I have no doubt Mr. Holmes will be successful on probation, and I have no doubt at the conclusion of the probation the deferred judgment will be expunged," Salvner said.
Judge: 'I wish healing on you'
Holmes told the court he and his family are trying to recover from the tragedy.
"The natural consequences of what has occurred is something that I and all of my loved ones are going to have to manage for the rest of our lives," he said.
Farrell said he's impressed by what he's learned about Holmes, and ended the hearing wishing him well going forward.
"I wish healing on you and your family members," he told Holmes. "I hope you’re able to do all the things you’ve said you want to do, and I hope you’re able to do all the things I think you’re capable of."
Foxhoven said after the hearing that Holmes had put his daughter in a highchair before the shooting and didn't realize she could get out of it herself and reach the gun.
"This is a great family that had a terrible tragedy happen, and I think the lesson from this is if you own a firearm, you have a real responsibility to anticipate even things you never would have imagined possible," he said.
Savannah Holmes is at least the 11th Iowa child to die from unintentional gunfire since 2015, according to gun safety group Everytown Research. At least one previous child death has resulted in similar charges against Des Moines resident Adam Mead, whose 4-year-old daughter Lillium picked up his gun and fatally shot herself in 2014. Mead received a suspended sentence and completed probation in 2016, court records show.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.
This article originally appeared on Des Moines Register: Father gets probation after 4-year-old accidentally shoots self, dies
