Probation and no jail time are the identical sentencing terms for parents who admitted their neglect led to one of their young sons fatally shooting his brother with a rifle that was among more than 30 guns in their northern Minnesota home.
Theodore Charles Stewart, 42, and Danielle Elizabeth Stewart, 39, both of Roosevelt, near Warroad, were sentenced on Feb. 2 after pleading guilty in Roseau County District Court to gross-misdemeanor charges of negligent storage of firearms in connection with the Sept. 4 death of their 8-year-old son, McGregor.
Judge Tamara Yon chose not to impose a year in jail for the Stewarts and put them on unsupervised probation. Conditions of their probation include not possessing guns or ammunition during that time. Each were also assessed $360 in fines and fees.
According to the criminal complaints:
First responders were sent to the home in the 28400 block of 695th Avenue and saw that McGregor had been shot in the neck. He and his mother were taken by emergency medical personnel to a hospital, where the boy died that day.
Remaining in the home were Theodore Stewart and their four other children, ages 10 to 14, at the time of the shooting.
One of the children spoke to an officer, with Theodore Stewart’s permission, and explained how the shooting occurred. The child reported being joined by a sibling taking out a rifle. The child thought it had been checked to see whether it was loaded. As the child put the gun on the bed, it went off and shot McGregor.
Theodore Stewart said he had just left for work, and the children were all inside, while their mother was walking outside the home at the time.
