http://www.courier-journal.com/artic…of+12-year-old
Boy, gun owner won’t be prosecuted in Newburg fatal shooting of 12-year-old
The Commonwealth Attorney’s Office will not prosecute the half-brother of 12-year-old Darius Tucker or the owner of the gun that killed the boy as he played in their Newburg home.
Louisville Metro Police said the gun’s safety was on when Darius’ 14-year-old half-brother fired it at him March 29.
“It was them basically playing with the weapons,” Lt. Barry Wilkerson said Wednesday at a press conference announcing the decision of the Commonweath Attorney’s Office, which sent a letter to the police department.
There also was no apparent altercation between the brothers and the shooting appeared accidental, Wilkerson said.
Darius was shot with a 9mm semi-automatic handgun, one of several weapons owned by John O’Bryan that the boys had discovered atop an entertainment center inside their home in the 4000 block of Shady Villa Drive.
O’Bryan has said he believed the handguns were concealed well enough, and Wilkerson said previously that a tall individual may have had a hard time seeing the guns.
The two boys lived in O’Bryan’s home along with their mother, Sandy Tucker, and O’Bryan’s teenage daughter.
O’Bryan declined to comment Wednesday when reached by phone. Sandy Tucker could not be reached by phone for comment.
Wilkerson, head of the Louisville Metro Police homicide unit, said testing at state police labs showed the 9mm handgun would fire with the safety on, which witnesses told police after the shooting.
.Authorities have said the March 29 incident wasn’t the first time the boys had played with the guns. But O’Bryan told police he did not know that the boys knew where the guns were kept and that he never locked them.
The letter from the Commonwealth Attorney’s Office indicated that all of the witness statements, medical examiner’s reports and Bureau of Alcohol, Tobacco, Firearms and Explosives “trace” summaries were considered in the decision not to prosecute.
Wilkerson said a copy of the letter would not be available until next week — after his office has a chance to fully review its contents.
He touched on the importance of gun safety in light of the shooting.
“Keep your weapons safe, keep them out of reach of children,” he said. “Even if you have a lawful reason to have your weapon, make sure you follow all the safety rules.”
Reporter Chris Quay can be reached at (502) 582-4241.
















