LOUISVILLE, Ky. — The father of a 3-year-old girl who accidentally shot and killed herself appeared in court Tuesday in an orange jumpsuit and handcuffs, but is now out of jail and on house arrest.

E'Monta Goss is facing charges of second-degree manslaughter and being a convicted felon in possession of a firearm.

A judge opted not to reduce the charges against E’Monta Goss, but granted his release on house arrest while the case proceeds.

The emotional hearing centered on the tragic death of Aubree Goss, who died November 21 after finding a loaded gun that had allegedly been placed under a couch by her father.

Less than four hours after the shooting, Goss was arrested. According to his arrest citation, Goss, 29, told police he loaded the gun and put it under the couch.

In Monday's hearing Louisville Metro Police Detective Tim Huber testified that Goss told police he fell asleep.

"He retrieved the firearm, and then at some point, had placed that loaded firearm underneath the couch and went to sleep. He woke up to the sound of a pop and like a burning smell, he said," testified Louisville Metro Police Detective Tim Huber.

Aubree died shortly after being transported to a hospital, Detective Huber said. During questioning, Goss allegedly acknowledged responsibility.

"He advised, at the end of the day, it’s my fault because the firearm is supposed to be out of reach of your children. He advised, at the end of the day, it’s my fault because I had the gun right there," Huber said.

Goss' attorney also referenced a previous encounter Aubree's mother, Goss' fiancé, had with a man who allegedly tried stealing her purse. The defense said the family believed they were being targeted by a criminal, which is the reason the loaded handgun was placed under the couch.

Testimony revealed that the gun was registered to Aubree's mother and that the couple usually kept the gun on a shelf out of reach of three children in the home.

"People need to take guns more seriously. Alright? That’s one of the things we’ve learned from this," said Robert Schaad, addressing cameras in the courtroom. "And yes, I understand why the Commonwealth wants to make that message clear, but judge, the point is that people do make mistakes."

However, an assistant Commonwealth attorney prosecuting the case pushed for accountability, citing a series of poor decisions leading to the child’s death.

E'Monta Goss

Pictured: E'Monta Goss was ordered to remain on house arrest during a court appearance in Louisville, Ky., on Dec. 3, 2024. 

"It is tragic," an assistant Commonwealth attorney stated. "It is a tragedy, but you have not one mistake. You have a bad choice, after a bad choice, after a bad choice, after a bad choice, and there is a child who is dead. We have to make sure that people are held accountable for their actions."

Judge Karen Faulkner said she considered lower charges for Goss, but stuck with 2nd Degree Manslaughter and the firearm charge to present to a Grand Jury on January 6.

Judge Faulkner did, however, release Goss from jail on house arrest in lieu of a $50,000 bond. It had previously been set at $250,000.

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