Father whose toddler fatally shot himself charged federally for illegally possessing firearm as previously convicted felon (DOJ)

COLUMBUS, Ohio - A previously convicted felon whose toddler died by gunshot wound from an unsecured gun now faces a federal charge for illegally possessing a firearm.

Deshawn Levelle Butler, 35, of Columbus, was arrested by federal agents earlier today and appeared in federal court in Columbus at 1:30pm.

"As a previously convicted felon, Butler was prohibited from possessing firearms and ammunition at the time of this incident," said U.S. Attorney Dominick S. Gerace II. "Nothing can bring back the toddler who tragically died at the hands of Butler's weapon, but we will use every federal tool at our disposal to ensure justice is accomplished in this matter."

According to charging documents, on July 11, Columbus police officers responded to a report of a shooting on Quinby Drive in Columbus. When officers arrived, they located a 21-month-old child suffering from an apparent gunshot wound and were told the child had accidentally shot himself. The victim was transported to Mount Carmel East Hospital and later pronounced deceased.

An affidavit details that Butler was allegedly with the child during the shooting and had fled the scene prior to law enforcement officials' arrival.

Butler turned himself in the next morning to Columbus police headquarters, where he allegedly told officers his son had discovered Butler's 9mm handgun in an open safe in a bedroom.

Butler was previously convicted of aggravated burglary and, as a result, is legally prohibited from possessing a firearm or ammunition. Butler also had outstanding warrants for misdemeanor domestic violence charges.

Possessing a firearm as a convicted felon is punishable by up to 15 years in prison.

Dominick S. Gerace II, United States Attorney for the Southern District of Ohio; Jorge Rosendo, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and Columbus Police Chief Elaine Bryant announced the charges. Assistant United States Attorney Elizabeth A. Geraghty is representing the United States in this case.

A criminal complaint merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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