Miami-Dade man arrested after 10-year-old nephew accidentally shoots himself with unsecured firearm, police say

By Jessica Holly, Kevin Boulandier, Kathleen Ditton, Jordan Segundo

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    HIALEAH, Florida (WSVN) — A Miami-Dade man was arrested after his 10-year-old nephew accidentally shot himself in the hand with an unsecured firearm, police said.

Derrick Spence, 33, was charged with culpable negligence involving a firearm within easy access of a minor following Saturday’s incident.

According to Miami-Dade Police, the shooting occurred around 9:15 p.m. while Spence and the child were at the Little Caesar’s Pizza located at 901 E 8th Ave. in Hialeah.

The arrest report states the child told detectives he found Spence’s loaded .380 Ruger handgun inside the glove compartment of Spence’s car as they were at the pizza spot.

While handling the firearm, the child accidentally discharged it, causing a gunshot wound to his left hand, the report states.

Instead of seeking immediate medical attention, police said, Spence drove the child to the residence of his grandparents. The child initially claimed his injury was caused by slamming his hand in a car door.

In court, the child’s mother came to her brother’s defense by telling the judge that her son covered his wound and lied about what had happened.

“Like I said, he told us a lie, that what he told my mom was that he smashed his hand in the door,” she said.

However, while driving him to the hospital, the grandmother said the child confessed to accidentally shooting himself after the grandfather “noticed the bullet hole in the driver’s side door of the defendant’s vehicle and saw the defendant cleaning blood from the inside of his vehicle,” according to the arrest report.

Detectives later discovered a bullet hole in the driver’s side door of Spence’s vehicle and blood inside the car, according to the arrest report. Police said Spence admitted to leaving the child unattended in his vehicle with the loaded firearm.

Spence was arrested Sunday and transported to the Turner Guilford Knight Correctional Center in West Miami-Dade.

The firearm, a shell casing and other evidence were recovered and processed at the scene.

In court Monday, attorneys argued whether the charge is justified.

“The firearm was in a glove compartment, which is a secure receptacle,” said Spence’s attorney.

“I don’t think it would count as a locked or sealed container for the purposes of keeping it away from your child,” said a prosecutor.

Miami-Dade Circuit Judge Mindy S. Glazer said the court was concerned with Spence’s decision to not take the child to the hospital following the incident.

“What’s also concerning to the court is, well, he didn’t take him to the hospital right away, he took him to grandma’s house,” said Glazer.

She also told Spence that he should have thought about his actions better.

“A reasonable person would think that if you have a gun, you are required to keep it locked and away from the child. All you had to do was put that key in the glove box lock and lock it and then the child wouldn’t have got it,” said Glazer.

Spence has since been released from jail but is required to surrender all of his guns as he waits for his next appearance in court.

The child’s mother said the 10-year-old boy is recovering and doing well.

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