As the parents of a young boy that was killed in an accidental shooting headed to court, the father of the boy that fired the fatal bullet offered a monetary settlement of $400,000 and the wrongful death case was settled, as reported by the Times Union.
The agreement was made during the third day of the trial. Both parties had returned from a lunch break when O.N. and Y.N. accepted an offer from E.O's insurance company. E.O. owned the gun that his son, in an effort to bring life to a game, accidently shot and killed 12 year-old N.N. with.
E.O.'s son, now 16, allegedly killed N.N. on December 22 in E.O.'s home. The 16 year-old is not identified in court records.
In the courtroom E.O. tearfully told N.N.'s parents, "I'd like to at this time apologize. Please accept this apology on behalf of myself and my family." O.N. and Y.N. nodded in response.
Saratoga County Supreme Court Justice Robert Chauvin commented, "This settlement will now take away some of the emotion surrounding this matter and allow people to get on with their lives."
The judge ordered the settlement sealed and told the jury when they filed back in that they were dismissed. However, several members of the jury took the time to reach out and offer hugs to O.N. and Y.N. before leaving the courtroom.
Outside of the courtroom O.N. told reporters, "If I could save just one life with this story of what happened to us, I'd be happy. Don't ever take a weapon for granted. It is meant for killing."
The two boys began their day together, at home alone and playing combat-style video games. Wanting to up the ante they moved onto a Nerf dart gun. Eventually E.O.'s son wanted to show N.N. his father's real gun – a Ruger 9mm semi-automatic pistol.
During their testimony, officers shared the deposition they had taken while interviewing E.O.'s son. According to the officers, the boy had recounted how he had removed the pistol from his father's dresser drawer, the two boys handled it, dry fired it and then loaded the clip with eight bullets.
Testimony from the responding officers detailed how E.O.'s son walked into the kitchen and accidentally pulled the trigger – and a bullet discharged and hit N.N. in the eye.
First responders discovered N.N. on the floor of the kitchen with blood pooling around his head. A black hat he had been wearing was located on top of the kitchen stove and it had an exit hole shot through it. The round was seen in a wall behind the stove.
The gun had been replaced in the drawer, cocked and ready to fire a remaining six bullets in the clip and one round in the firing chamber.
First responding officer Deputy J.R. testified that as soon as he arrived, "A boy came running out of the home and said his friend was hurt in his eye." The boy, E.O.'s son, told the officer that he had heard a noise in the kitchen and found N.N. on the floor. He later admitted that there was gun and that he was responsible for the shooting.