Deputies looking into off-duty sgt.'s gun discharge

Sgt. says 2-year-old son accidentally pulled trigger in restaurant

CLAY COUNTY, Fla. – The Clay County Sheriff's Office is still looking into what happened when an off-duty sergeant went to a Middleburg restaurant last week and his personal gun fired into the ground.

The Sheriff's Office said Sgt. Matthew Magish cooperated and explained that his young child had reached into his pants pocket and accidentally fired the weapon on Sept. 4.

According to a Sheriff's Office report, the gun went off inside Wendy's at about 1 p.m. Rescuers and deputies responded.

Citing witnesses and Magish, the reporting deputy described a child reaching into the sergeant's pocket and grabbing the gun, which fired.

Bullet fragments hit the 2-year-old boy, in addition to striking three other people in the restaurant, including one of the child's grandparents. All the injuries were minor.

The sergeant's gun, according to the Sheriff's Office, is a Kel-Tec .380 Auto P3AT.

GreenAcres Sporting Goods described how easily it fits into a small holster. Then, even holstered, the gun easily fits into a pants pocket.

News4Jax safety analyst Gil Smith was not surprised him to hear a young boy fired the gun.

"That kind of weapon, I think, has about a five-pound trigger pull," he said. "So a 2-year-old does have enough strength, doesn't have to try very hard to pull that trigger back, especially a small caliber weapon like that."

Smith said holsters are commonly used by by off-duty officers and others carrying guns legally. He also said it's common to put a small weapon like that in a pocket.

Smith just thinks it's most dangerous that way.

"Anytime it's not holstered, there's a better chance for it to fall out of the pocket," Smith said. "Or some just carry it in the waistband, with their shirt over it. But yeah, if it's not holstered or if the trigger's open, these type of things can happen."

The Sheriff's Office said it will comment when the investigation is complete.


About the Author:

Kent Justice co-anchors News4Jax's 5 p.m., 10 and 11 p.m. newscasts weeknights and reports on government and politics. He also hosts "This Week in Jacksonville," Channel 4's hot topics and politics public affairs show each Sunday morning at 9 a.m.