KANSAS CITY, Mo. — Prosecutors have declined to file charges in the shooting death of 3-year-old Jermone Green, the office of Jackson County Prosecutor Jean Peters Baker announced Tuesday.
Green was killed when his 5-year-old brother found a gun on top of the refrigerator in the boys’ home at 19th and Topping on Oct. 27. Clifford Marton, their grandfather, said Jermone’s brother thought the gun was a toy, and accidentally shot him.
In October, Martin told FOX 4 the boys’ mom and boyfriend were at home sleeping when the incident happened. He said the boyfriend had placed his gun above the refrigerator.
The Jackson County Prosecutor’s Office said in a statement they “believe there is insufficient evidence to establish that the suspect was criminally reckless or negligent by placing the handgun in an upper kitchen cabinet over the sink the night before the shooting.”
Investigators said the 5-year-old apparently used a footstool to climb onto the kitchen counter looking for food and found the gun inside a cabinet.