The review follows the death of a 3-year-old who authorities say gained access to his father’s handgun inside a parked vehicle.
BARTOW, Fla. — Prosecutors are expected to review the fatal shooting of a 3-year-old boy who authorities say accidentally fired his father’s handgun inside a vehicle at a Bartow Burger King, as investigators examine the case under Florida’s culpable negligence law.
The child died Thursday evening after gaining access to the firearm while his father was distracted by a credit card problem, Polk County Sheriff Grady Judd said. No charges were immediately filed, and Judd said the preliminary evidence did not lead investigators to favor criminal prosecution. The final charging decision, however, rests with prosecutors after the investigation is completed.
Florida law makes it a third-degree felony in certain circumstances to leave a loaded firearm within the reach or easy access of a minor if the child obtains the gun and uses it to injure or kill someone. The law also contains exceptions, including when a firearm is secured in a locked container or otherwise stored in a location a reasonable person would consider secure.
The statute also addresses accidental shootings involving family members. It says an arrest under that provision cannot be made during the first seven days after a minor is accidentally shot by another family member. Investigators have said the circumstances in Bartow will be reviewed with the State Attorney’s Office before any decision is made.
Judd said the father drove through the Burger King at about 6:23 p.m. Thursday to get dinner with his son. When a credit card transaction did not go through, the father parked and focused on fixing the payment problem. The family had recently moved from Connecticut to Florida, and the sheriff said the father had previously encountered issues with the card.
Investigators said the father was carrying a handgun in his waistband. While bending forward, he removed the gun because it was uncomfortable and placed it somewhere in the vehicle, Judd said. The father could not immediately remember the precise location where he put it.
The boy was in the backseat. Authorities believe he saw the firearm, picked it up and accidentally fired it. The child was taken to Lakeland Regional Health, where he was pronounced dead at about 7:30 p.m. His identity was not released in the initial public briefing.
Bartow police are handling the investigation with assistance from Polk County sheriff’s homicide detectives. Investigators have reviewed surveillance video from the restaurant and continued gathering evidence about what happened inside and around the vehicle.
Judd said the initial investigation portrayed the shooting as a devastating accident rather than an intentional act. Still, authorities said the investigation must be completed and reviewed under the law before the case is closed. No final charging decision had been announced as of Saturday.
Author note: Last updated Oct. 24, 2026.