3-year-old girl killed with stepbrother’s gun; Henderson DA says he won’t file charges
HENDERSONVILLE - The gun 3-year-old Aylee Gordon used to accidentally shoot herself to death on Christmas Day last year belonged to her 28-year-old stepbrother, Samuel Gordon, Henderson County District Attorney Andrew Murray's office announced Aug. 16 in a news release.
Murray said he will not be filing charges against any of the adults, based on his reading of the SBI's investigation report.
According to Murray's statement, Samuel Gordon is the son of Tim Gordon from a previous marriage. Tim Gordon is a retired patrol sergeant with the Henderson County Sheriff's Office.
Samuel was a stepbrother to Aylee and her older brother, Eli, 6, who lived in Edneyville with Tim and his wife, Anya Gordon.
Samuel Gordon, who lives in Georgia, was visiting the family for the Christmas holiday. The three adults took the children to play with their new Christmas toys, a hoverboard for Eli and a bike for Aylee, along a paved strip of road because their driveway is gravel, taking Tim Gordon's Dodge Dakota king cab pickup truck.
"When Samuel Gordon went to the truck he anticipated he would be riding in the front right passenger seat of the truck," the statement said.
"It is at this time that Samuel Gordon placed his holstered firearm in the front passenger door storage slot. The gun and holster were both black in color and the interior panels of the truck are also black. Shortly after placing his firearm in the storage slot, Samuel Gordon's father, Tim Gordon, asked Samuel Gordon if he would ride in the truck bed with the children down to the end of the driveway. Samuel Gordon agreed to ride in the truck bed while Mrs. Gordon rode with her husband in the front right passenger seat."
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The Gordon family played on Spicer Cove Road for about an hour before Aylee needed to go back to the house. Anya Gordon, followed by the family dog, took Aylee back to the truck and placed daily in the front right passenger seat, according to the report.
"Mrs. Gordon then closed the truck door and opened the back right passenger door to place the family dog in the truck. Almost immediately, everyone heard the sound of a gunshot from the vehicle. Mrs. Gordon immediately opened the front passenger door and Aylee fell into her arms, having suffered an apparent catastrophic gunshot wound to her head."
Aylee was airlifted to Mission Hospital, where she underwent surgery but never regained consciousness and died Dec. 28, 2021, according to the statement.
DA won't file charges
"Collected evidence revealed a Glock model 43 9-millimeter pistol was located on the front passenger floorboard of the pickup truck with a magazine clip holding 6 live rounds. Also located on the floorboard was a nine-millimeter shell casing," the statement said.
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Murray said in the statement that he could not charge Samuel Gordon under the state statute making it unlawful to store a firearm in a manner accessible to a minor because it applies solely to a person "who resides in the same premises as a minor."
The district attorney also said he couldn't file negligent child abuse charges because Samuel Gordon wasn't a parent or other person "providing care to or supervision of a child
"Based on all the facts and evidence in this matter, I have determined that the death of Aylee Gordon, was a catastrophic accident resulting from the improper storage of a loaded and unsecured firearm in Tim Gordon's truck by his adult son, Samuel Gordon," Murray said in the statement.
"There is no doubt that Samuel made a terrible decision when he stored a loaded gun in a place where a child could find it, however, no North Carolina criminal laws were violated as a result of his ill-fated decision."
Over $20,000 has been for the family in a GoFundMe campaign.
"Our beautiful little angel gained her wings last night. We thank you from the bottom of our hearts for the tremendous support to our family and appreciate continuous prayers," Tim and Anya Gordon previously shared through family friend Denise Hunter on the GoFundMe campaign.
This article originally appeared on Hendersonville Times-News: Henderson DA won't file charges in girl killed with stepbrother’s gun
