A Texas sheriff will not face charges after leaving his firearm in a Wendy’s bathroom in Georgia, causing a 15-year-old to discharge the gun accidentally.
The incident occurred on Saturday at one of the chain’s locations in Covington, about 35 miles outside of Atlanta.
The sheriff, identified as Tony Bennie of the Grayson County Sheriff’s Office in Texas, was visiting family when he went to the bathroom with his grandson. While in the facilities, he unholstered his firearm and then left it behind when he became distracted because the child was “reportedly being unruly,” according to News 19.
A teenager later discovered the gun in the restroom and “while handling it, the weapon discharged.”
A statement released by the Covington Police Department, the law enforcement agency that responded to the incident, said: “The Covington Police Department completed a comprehensive investigation and consulted the Newton County District Attorney’s Office regarding potential charges.
“The District Attorney’s Office advised that there was no criminal intent or criminal negligence, as defined under Georgia law, and therefore no criminal charges would be pursued.”
In a separate statement, the Grayson County Sheriff’s Office said Bennie “expressed deep personal regret” about what had happened and “takes full responsibility for this lapse in judgment.”
Bennie also issued his own apology for the incident.
“As someone who has spent his career promoting public safety, I take this incident very seriously,” he said.
“I made a mistake. It was unintentional, but it was still a mistake — and one I own fully. I am thankful no one was injured, and I hope this serves as a reminder to all gun owners about the importance of constant vigilance, especially around children.”
Several social media commentators took issue with the lack of charges filed against Bennie, the outlet reported.
One person wrote: “How is there no criminal negligence exactly? I suppose one of the children has to die first? He left a loaded firearm unattended when he knew one child was already messing with it.
“Then a second child handles it. Then he blames the first child’s behavior for his firearm negligence. Unbelievable. Sounds like this sheriff had some privilege extended to him.”
Defending his decision, John Kermit Hill, the Grayson County district attorney, said he’s known the sheriff since high school and no criminal actions occurred.
“I know his heart, his dedication, his protection of others,” he wrote.
“Without regard to knowing Sheriff Bennie, I suspect that this case was determined by focusing on the facts and circumstances of the situation, as it should have been.
“Sheriff Bennie has my full support as Grayson County’s Sheriff and I appreciate his transparency and his use of this incident to spread awareness of safety issues with particular reference to firearms. I am thankful that no one was injured and that this matter was resolved and disclosed swiftly.”
