uPDATE: 1/22/13 5:32 p.m.
TALLAHASSEE, Fla. -- 5-year-old Michael Anthoney is recovering at a local hospital and is listed in fair condition. Many are asking how this accident could have been prevented and if current gun laws are strict enough.
Florida state law says that if you have minors in a home and you have a gun, it is your responsibility to keep it stored safely away from children. According to the police report Michael got the gun from a dresser in his older brother's bedroom.
Chairman of the Leon County board of County Commissioners Nick Maddox said that he always wants to make gun laws better but he says this one the county has its hands tied on. Maddox said, "the state has preempted us from having ordinances related to guns it is a part of our constitution locally at the county level there is not much we can do."
Police have now charged 22 year old Cedric Wallace with child neglect causing great harm.
TALLAHASSEE, Fla. -- A local man, who police are identifying as a verified gang member, is facing charges after his little brother was accidentally shot in the stomach by a 7-year-old boy.
Police say the incident happened January 19 on Great Lakes Street in Tallahassee. When they arrived, they found the five-year-old victim with a gunshot wound in his lower left abdomen, just under his ribcage. Police say that his colon and lower intestine were torn open by the bullet. He was quickly taken to the hospital.
At the hospital, the victim told police that he and the 7-year-old were playing with a gun belonging to victim's elder brother, Cedric Wallace Jr. While they were playing, the 7-year-old accidentally shot him.
The victim's grandfather, who called 911 after the incident, told police that he didn't know that there was a gun in the house, and that the weapon must belong to Wallace.
Police searched Wallace's room at the home and found no gun locks, safes, or any type of storage container that would prohibit access to a gun.
Wallace was later questioned and arrested. He's being charged with two counts of child neglect.
Police say, after reviewing his criminal history, that Wallace is a validated Blood criminal street gang member.