SACRAMENTO, Calif. — The father of a 10-year-old boy accused of shooting and killing 10-year-old Keith "KJ" Frierson is set to appear in court for the second time on Friday.
53-year-old Arkete Davis faces a number of charges, including criminal storage of a firearm, endangering the life and safety of a child and destroying evidence. Investigators said Davis tried to hide the gun after the shooting by throwing it in a nearby trashcan.
Before Davis' first court appearance Wednesday, the Frierson family told ABC10 they were informed by the Sacramento County District Attorney's Office that the 10-year-old accused of pulling the trigger will not be charged. The district attorney's office is placing the criminal liability for the child's death on Davis.
ABC10 asked Sacramento Defense Attorney Mark Reichel how much time Davis could have to serve.
"This is a serious charge, obviously, because you can't negligently store a firearm where a child can access it," Reichel said. "Here, I think the maximum possible that he's looking at is a little over three years, and that's for the criminal storage. But this is not the same as a murder case, it's not that the father had any premeditation or had any evil motive."
Reichel said Davis could face additional time for trying to hide the firearm.
From here, Reichel said this case may spark the legislature to take action, action that the sheriff's office spoke to in an interview Thursday.
"We need to start taking a look at the California laws that are really going to impact this. What he did is going to be considered a non-violent offense, so that's something to see how it plays out. Even with all of that, we have a dead 10-year-old kid that should have never lost his life to begin with," said Sgt. Amar Gandhi, spokesperson for the Sacramento County Sheriff's Office.
Gandhi said situations like this case don't normally happen in Sacramento County.
The 10-year-old who pulled the trigger found the gun in his father's car and discharged the weapon, ultimately killing KJ on Saturday in North Sacramento, according to the sheriff's office.
At Davis' arraignment Wednesday, the district attorney's office said witnesses overheard the boy saying, "See, I told you my dad had a gun."
The sheriff's office said the gun was stolen and Davis should not have had one as a felon.
"This is not about responsible gun owners, because they aren't the issue right here. It's irresponsible gun owners; it's people that shouldn't have had guns to begin with," Gandhi said. "He's storing it obviously unsecured in a vehicle, parked out on the street, open to the public. The list goes on and on about the ways this should have been prevented. This should have never happened."
In the wake of the shooting Twin Rivers Unified School District released a statement, saying in part, "losing a child is an unspeakable tragedy and our entire Twin Rivers school community is mourning alongside Keith’s family and friends. As devastating as this is, we are comforted in knowing that we are part of an incredible community that will pull together to support the family and each other through this difficult time."
The district’s said support will be available for students and staff after winter break.
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