Published: July 02, 2008 10:53 pm         

Teen charged after accidentally shooting himself at local store

A teenage boy sleeping beside a fireworks tent accidentally shot himself early Wednesday morning, and police say he faces criminal firearm charges.

Beckley Police Chief Tim said the 17-year-old from Bradley is charged with possession of a firearm by a minor. A juvenile petition has been filed in Raleigh County Magistrate Court. Once the boy is released from Beckley Appalachian Regional Hospital, he will be released to his mother’s custody before appearing in court.

At 1:15 a.m. Wednesday, police were called to the Beckley Wal-Mart’s parking lot, Deems said. A 17-year-old boy had accidentally shot himself in the leg and was taken to BARH.

Police discovered he was at a fireworks tent set up in the parking lot, Deems said. He was apparently planning to spend the night there to make sure the fireworks were not stolen. Whether the teen was working for the fireworks tent’s owner and/or operator was unknown, but Deems could say he was not a Wal-Mart employee.

Deems said the fireworks tent operator and/or owner’s name was unknown.

The boy brought a .38 caliber Derringer handgun with him, and at some point, shot himself accidentally, Deems said. Exactly how the boy shot himself was unknown. The boy’s mother knew he was at the fireworks tent, but she did not know he brought the gun, according to Deems

Patrolman B.J. Adkins investigated the incident, with assistance from Sgt. S.D. Webb and Capt. Wes Bowden, Deems said.



Beckley Fire Chief Kevin Taylor said the mixture of a gunshot and fireworks could have caused a catastrophe — but only in a worst-case scenario.

Taylor said the only fireworks that can be legally sold in West Virginia are ones that cannot even leave the ground. Therefore, fireworks sold at stands in West Virginia contain materials that are mild compared to those sold in other states.

Possibly, the one bullet could have ignited one fireworks package — and others could have ignited thereafter, he said. However, this is not a likely situation.

“Anything is possible, but not probable — as far as this scenario goes,” he said. “It’s not that I would endorse this, because you never know.”

Taylor also noted this incident happened just after midnight, when very few people were in or near Wal-Mart or the nearby fuel station. He noted there have been fireworks vendors near the Wal-Mart fuel station every year and the vendors have always operated within city code.



Deems noted that around July 4, police field several illegal fireworks complaints. Basically, any fireworks that explode are illegal. Only mild fireworks like sparklers, explosive caps for play pistols, smoke bombs, noisemakers and “snappers” are legal in this state.

“Anything that explodes or leaves the ground would be illegal — that’s a good rule of thumb,” he said.

More powerful fireworks are legal in other states, and West Virginians will often cross borders to buy them and try to set them off in this state, Deems said. Possessing these fireworks is illegal, as is transporting them across state lines and setting them off.

“Some people will go on vacation and buy (fireworks illegal in West Virginia) at the beach or at another state, then come back with them, intending to set them off for the Fourth,” he said. “They are illegal and so is transporting them into the state.”

Possession of illegal fireworks is punishable by a fine of $100 or less, 90 days in jail or both, Deems said.

Register-Herald

Reporter Mark Basham contributed to this report.

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