Death of 3-year-old girl from self-inflicted gunshot wound reignites conversation about gun storage laws

LOUISVILLE, Ky. (WDRB) -- The father of a 3-year-old girl that died at the hospital after she shot herself in the Fern Creek area early Thursday pleaded not guilty to two charges in court Friday morning.

E'Monta Goss was arrested and charged with second-degree manslaughter and possession of a firearm by a convicted felon. According to his arrest citation, Goss, 29, provided police a statement. He told police he loaded the gun and put it under the couch. Goss said he fell asleep and woke up to the sound of the gunshot.

Aubree Goss, identified by the Jefferson County Coroner's Office, was taken to Norton Children's Hospital in downtown Louisville, where she died from her injuries.

E'Monta Goss was identified as her father. Just 24 hours after the shooting, his bond was set for $250,000, despite his attorney requesting his release under home incarceration. 

"I don't know the circumstances which this statement was obtained, I do know Mr. Goss obviously called, he's the one that called for medical help. He's the one that called the ambulance. He was distraught about the condition of his child and I don't know how accurate any statement he gave would've been under those circumstances," Goss' attorney said. 

His attorney also said that Goss did not live at the address where the shooting took place. 

Brian Butler is a local attorney and partner at Stites and Harbison. He is not affiliated with the case, but weighed in on how such cases can be complex.

"For a long time we didn't see this (charge). This would have probably been deemed an accident. I mean, obviously he didn't, at least, if you take what's on the police citation is the truth, he didn't give the child a gun," Butler said. "But we have seen a change in prosecutions around the country, where these tragedies happen where prosecutors are looking at the parents and saying, 'Well, but for you, this child wouldn't have had access to the gun.' You've seen it in shootings where people have taken guns from a home and gone and done a shooting in a mall, or a school."

Butler said it comes down to asking if this scenario was a tragic accident, or if Goss is responsible.

"If I were defending this man, I would say, you know, we don't require a lock box ... It would be different, right, if we said it's illegal to store a gun in a home that's not in a lock box if there's a child or someone under 18 present," he said. "But when we don't say that, then it becomes a lot of discretion into what classifies wanton or not."

This situation has also reignited a conversation about gun storage laws in Kentucky. Right now, there is not a law regarding this in the Commonwealth.

State Sen. David Yates, D-Louisville, is an advocate for gun storage laws.

"In a situation like this this, it appears that this individual wasn't even going to take the first steps in gun safety. We need more and more people to understand maybe these are tragedies that can be prevented," said Yates. "Nobody is wanting to impede on someone's Second Amendment rights, but you can have responsible gun ownership. A lot of that comes with just basic education, knowing how to store a gun, knowing where to keep a gun, making sure that it is not left loaded, where a child could get it."

Yates said in an effort to increase safety around guns, he's partnered with organizations to hand out trigger locks when he was on Metro Council.

"Something as simple as putting a gun lock on a gun can stop something like this tragedy to happen with this little baby," Yates said. "Storing the gun properly prevents children from grabbing it and doing something accidental or harmless."

Butler did not advocate for or against gun storage locks, but said laws about storing guns could remove some the ambiguity around who is responsible and how to press charges.

"It certainly would make it more straightforward ... I'm certainly not here advocating for that, but that takes some of the ambiguity out, some of the discretion out of this," Butler said. "I think ultimately, this is something maybe the legislature will address. But you know, it's a lot of government oversight if you start telling people how to do everything," he said.

Goss was previously convicted of armed robbery in Michigan, when he was a 14-year-old. His attorney said he was tried as an adult in this case. Court records show he was sentenced to serve seven years and was just released from supervision in that case in September. Because of that conviction, Goss was not supposed to have a gun.

According to the Centers for Disease Control and Prevention, about 70 kids die each year in the Untied States due to unintentional gunfire.

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