BriOnna Givens had endured a long and exhausting day on her feet as a nurse’s aide amidst the height of the COVID pandemic in October 2020. The fear of the delta variant loomed large at the nursing home and other facilities where Givens worked as an agency nurse. Dealing with constant sciatica pain in her back, she had sought medical help at an urgent care clinic and was prescribed a muscle relaxant. However, work stress was not her only concern. Several months prior, she had faced a life-threatening situation when a man had threatened her with a gun, leaving her with no choice but to arm herself to protect her three young children and herself. This constant state of vigilance and exhaustion weighed heavily on her.
After a particularly challenging day, Givens found a moment of peace snuggled in bed with her youngest child, 2-year-old Destin. Despite her usual routine of ensuring her children were asleep before she retired for the night, she fell asleep first. Suddenly awakened by a loud noise, she discovered her son injured, blood pooling from his hand. The family was shaken but thankfully Destin would recover.
Deep within the Criminal Justice Facility of Milwaukee County, Deputy District Attorney Matthew Torbenson navigated through heartbreaking cases involving children. With a commitment to advocating for the most vulnerable victims, Torbenson, a product of the Sherman Park neighborhood, brought a deep sense of care for the Milwaukee community to his work. Leading a team of prosecutors, Torbenson, though youthful in appearance, possessed a wealth of experience in prosecuting cases of child abuse and neglect, drawing upon a profound understanding of the law and a lasting memory of the victims he had encountered.
Throughout his two-decade career, Torbenson had confronted cases of unimaginable harm inflicted upon children. From physical abuse to neglect and sexual assault, he had seen the devastating effects of parental failures and neglect firsthand. The haunting images of children affected by gun violence, in particular, had left an indelible mark on him, reinforcing his belief in the paramount importance of protecting innocent young lives.
As overseer of cases involving children harmed or killed in accidental shootings in Milwaukee County, Torbenson and his team prioritized seeking justice for these young victims. While accidental shootings involving children were relatively uncommon, their tragic impact was immeasurable. Torbenson’s unwavering dedication to upholding justice and safeguarding vulnerable children underscored the urgency of addressing the issue of gun safety to prevent further tragedies.
In each of these instances, a mistake was made that could have been easily avoided. Unlike suicides, homicides, and police-involved shootings, unintentional shootings do not involve deliberate intent. The key to preventing such incidents lies in restricting access to guns. Despite the simplicity of this solution, officials in public health and criminal justice are struggling with complex questions. Should parents who fail to secure their guns face charges? Are child access prevention laws effective in preventing these accidents? Will the fear of legal consequences outweigh the concern for a child’s safety?
The handling of unintentional shootings varies depending on the location, as shown by a comprehensive analysis conducted by the Milwaukee Journal Sentinel. Milwaukee County, where accidental shootings involving children are most prevalent in Wisconsin, takes a particularly strict approach. Instead of filing misdemeanor charges as mandated by state law, the district attorney’s office in Milwaukee County consistently pursues felony charges in these cases.
The impact of a felony conviction can be significant, potentially resulting in incarceration, loss of custody, job termination, or eviction. The urgency of this issue has become more pronounced during the pandemic, with a rise in accidental shootings involving children across the nation.
Prosecutor Torbenson attributes the decision to pursue felony charges in Milwaukee County to the need to prioritize safety and prevent further harm. By holding individuals accountable for unsafe gun practices, the aim is to protect the community from preventable tragedies.
One resident of Milwaukee County, BriOnna Givens, found herself in a tragic situation when her young son accidentally shot himself. Despite Givens’ efforts to ensure their safety by owning a gun, the incident highlighted the importance of responsible gun ownership. Givens’ story serves as a reminder of the grave consequences that can result from negligence with firearms.
The incident rattled her and sparked a newfound determination. “This is real life, OK?” Givens remarked later, her voice tense as she recounted the events. “I realized that my voice alone wasn’t enough to protect us.” Both she and her mother, who lived nearby, decided to purchase guns. They attended safety classes, obtained concealed carry permits, and bought safes to securely store their firearms, ensuring Givens’ children couldn’t access them. “We followed all the protocols, did everything by the book,” stated Corey Conrad, Givens’ mother.
As a single mother, Givens was prepared to defend her children, but she always leaned towards gentle discipline rather than harsh punishment. “I believe in a compassionate approach to parenting,” Givens explained. Apart from her children, Givens’ passion lies in nursing. In 2018, she enrolled at Milwaukee Area Technical College to pursue her dream of becoming a registered nurse. “I’m dedicated to helping those in need,” she expressed. “It’s always been my calling.”
However, Givens’ gun was later stolen, leading to a moment in May 2020 that reinforced her need for protection. During what was supposed to be a routine trip to the grocery store with her cousin, a sudden altercation unfolded. As Givens described to authorities and later to the Journal Sentinel, her cousin brandished a weapon after a perceived insult, prompting a violent response from others in the area. Fearing for her life, Givens fled and attempted to hide, only to be confronted by a man who threatened her with a gun. After a harrowing ordeal, she managed to escape and seek refuge with kind strangers who called the police.
Following this terrifying incident, Givens purchased another gun for her safety, carrying it with her at all times and keeping it close while at home. She no longer had a safe to store her firearm, but felt that in a life-threatening situation, retrieving a gun from a safe would be impractical. “I feared that in a home invasion scenario, there wouldn’t be time to access the gun safely,” she explained.
Notably, Givens had initially acquired a gun around eight years ago out of concern for her own safety. The topic of accidental shootings and gun safety measures dates back to the 1990s, when Wisconsin enacted child access prevention laws to hold adults accountable for children gaining access to firearms. This legislation, championed by bipartisan support and signed into law by Governor Tommy Thompson, aimed to address accidental injuries and deaths involving children.
The law stated that parents of children under 14 who were injured or killed by a loaded and unlocked gun would be charged with a misdemeanor. According to McCallum, the law was not intended to punish parents further, as the grief they experienced was already immense. Two special provisions were added: prosecutors could consider parental grief before pressing charges, and police had to wait seven days before making an arrest.
While these provisions are uncommon, they are not unheard of among states with similar laws. However, the seven-day arrest grace period in Wisconsin is not always followed, especially in Milwaukee where defendants are typically arrested on multiple charges related to the incident.
McCallum and other lawmakers aimed to find a balance in addressing the issue of loaded guns being accessible to children. The law, enacted 33 years ago, was meant to address the growing problem of accidental shootings involving children.
Outside of Milwaukee, the prosecution of such cases varies. In some instances, individuals faced felony charges for leaving loaded guns within children’s reach, while in others, the charge was a misdemeanor with the possibility of deferred prosecution or no charges at all.
For example, a father in Winnebago County received deferred prosecution after his child accidentally fired a gun left on a table. In a more severe case, a Green Bay man’s children were involved in a shooting incident, resulting in a misdemeanor charge for the father.
In some cases, like that of the police chief’s son in Elroy, no charges were filed after a child gained access to a parent’s service weapon. Each incident serves as a reminder of the importance of gun safety and proper storage to prevent tragic accidents.
A 4-year-old boy accidentally shot himself in the head with his father’s gun but miraculously survived. No charges were pressed in this case, as is often the situation when children are harmed during hunting season, according to state Department of Natural Resources data and a thorough search of media reports by the Journal Sentinel. Over the past 15 years, about 50 children have been unintentionally shot while hunting in Wisconsin, resulting in four deaths with no charges filed.
Public health experts express concern over the varying responses to such incidents. Dr. James Bigham, a clinical professor at the University of Wisconsin School of Medicine and Public Health, highlights the lack of consistency in enforcing laws related to firearms injury prevention.
In Milwaukee, there has been a shift in the approach to handling accidental shootings. Initially, cases were often treated as misdemeanors after a bill was passed in 1991. However, in light of the increasing number of accidental shootings, Prosecutor Torbenson advocated for revising the law to allow for charges of “felony neglect,” even in cases of unintentional neglect.
This change in the law, enacted in 2017, has led to a significant increase in felony charges in accidental child shooting cases in Milwaukee. Prior to the revision, only a few cases were prosecuted as felonies, while the majority were treated as misdemeanors. Since the law was updated, the number of felony charges has significantly risen, signaling a stricter stance on holding individuals accountable for neglect in cases of accidental shootings involving children.
The son mentioned that he cannot comment on the situation in other counties, but he is not surprised by the numbers in Milwaukee. With an increase in prosecutions, he noted a lack of remorse or apologies from parents. He observed that instead of self-reflection, there is often defensiveness and denial about their role in preventable incidents.
Matthew Torbenson, the Deputy District Attorney of Milwaukee County, is responsible for prosecuting cases involving child victims, including those where children access guns and harm themselves or others. In one incident, a mother, Givens, woke up to find her son injured after he accidentally shot himself with her handgun. Despite her background as a nurse, panic clouded her judgment in that moment.
The year 2020 saw a rise in accidental shootings involving children in Milwaukee due to various factors like increased domestic violence cases, higher gun sales, and the impact of COVID-19. Despite the overall decrease in unintentional gun deaths over the years, data shows that young children, especially Black toddlers, remain vulnerable. Legal measures holding adults accountable for such incidents, like Wisconsin’s 1991 law and related felony neglect laws, aim to prevent these tragedies.
While accidental shootings have been decreasing, there is a need for continued vigilance and effective laws to protect children from such incidents.
A study conducted in 2022 on the impact of gun laws intended to protect the safety of children has raised some doubts about their effectiveness. Despite the praise from groups like Everytown for Gun Safety, which supports stricter gun regulations, the findings of the study have cast some skepticism. Matthew Miller, a professor at Northeastern University and Harvard University specializing in health science and epidemiology, led the study. While the intention behind these laws is to prevent children’s access to firearms and promote safety, the study did not find the expected decrease in incidents. According to Miller, many gun owners were unaware of these laws in their state, and some who were aware still failed to properly secure their firearms. Miller emphasized the importance of gun owners locking up their firearms to prevent tragedies but expressed doubts about the effectiveness of the current laws in achieving this goal.
In another scenario, a mother named Givens found herself facing serious charges when her son accidentally shot himself. Despite her lack of criminal history, she was met with felony charges rather than a lesser offense. The prosecutor was uncompromising in pursuing felony charges, leaving Givens in a difficult situation.
Meanwhile, firearms instructor Jieire Vance addressed a group of new gun owners, emphasizing the importance of safe firearm storage. However, some attendees laughed at the suggestion of keeping firearms unloaded and locked away from ammunition, highlighting differing perspectives on gun ownership and safety practices. Vance stressed the need for responsible gun ownership, especially in households with children, and tailored his advice based on individual circumstances. Firearms instructors like Vance work to educate gun owners on safe practices and evaluate their storage plans to ensure the well-being of all household members.
Stories of gun-related incidents without a loaded gun nearby are concerning to public health officials and researchers. Studies show that when a gun is present in a home, it is more likely to be used to harm someone living there rather than for self-defense against an intruder. However, some experts argue that this message may overlook the reality for many individuals living in high-crime areas or dealing with domestic abuse situations.
In unintentional shooting cases, a majority of defendants claim they had the gun for defense, as reported in criminal complaints reviewed by the Journal Sentinel. Oversimplifying the issue can lead to alienation and shame among gun owners, according to Erin Earp of the Giffords Law Center to Prevent Gun Violence.
Many first-time gun owners in Milwaukee, particularly Black women, express a need for self-protection due to concerns about police response time. Their decision to arm themselves is often influenced by past traumatic experiences, such as physical assaults.
Jieire Vance, owner of Guaranteed Protection Services LLC, educates new gun owners in Milwaukee on firearm safety. Cases in Milwaukee County typically involve defendants charged with felonies, often related to the victims and with no prior criminal record. The racial disparity in charges reflects the demographic distribution of the county’s population.
Prosecutors in Milwaukee County’s approach to charging felonies may disproportionately affect Black parents, leading to disparities in the criminal justice system. The impact of these cases extends beyond legal consequences, affecting the community as a whole, especially the children involved.
Prosecutors evaluate a person’s history and accountability when determining charges, sometimes opting not to press charges in certain accidental shooting cases. The Journal Sentinel identified instances where no charges were filed, often due to insufficient evidence.
Determining the ownership of the gun is crucial in deciding whether to press charges, according to Torbenson. Factors such as how the gun was stored are taken into account. Torbenson mentioned that he usually does not charge cases where the victim is older and suicide seems to be the motive. Experts suggest that it is important to consider how laws and practices in Milwaukee County may impact those who are already vulnerable.
Jen Pauliukonis, director at Johns Hopkins Center for Gun Violence Solutions, emphasized the importance of not ruining someone’s life in the pursuit of keeping children safe. She expressed concerns about laws that could adversely affect individuals who are already vulnerable to various public health issues.
The range of cases Torbenson encounters varies from careless to extremely reckless. He discussed a case involving the death of a 5-year-old, Elijo Gonzalez, who accidentally shot himself. The boy’s uncle, Bryan Jaensch, was supposed to be watching him and his sister when the tragic incident occurred. Despite warnings from the sister, Jaensch failed to secure the gun, leading to the fatal outcome.
Torbenson highlighted the severity of such cases, particularly when children are involved. He stressed the importance of charging these cases as felonies to hold individuals accountable for their actions.
The aftermath of the incident left Givens struggling to cope with the challenges she faced. Her life took a downward spiral following her son’s accidental shooting. Givens faced custody battles, unemployment, and homelessness, with her children temporarily living with her mother while she resided in her car. She contemplated going to trial but opted for a plea deal to avoid the uncertainties and potential consequences of a trial.
Givens, who had no prior criminal record, was sentenced to probation after pleading guilty to a misdemeanor neglect charge. She expressed her fears and uncertainties about her future and the well-being of her children. Despite the challenges, Givens continues to navigate the difficulties in her life.
In a heartbreaking turn of events, BriOnna Givens found herself facing the aftermath of a tragic incident involving her son, Destin, and a gun in October 2020. The repercussions of that fateful day have reshaped her life in profound and challenging ways.
Initially charged with felony child neglect, Givens decided to take a parenting class and a gun safety course in an effort to address the circumstances that led to her son’s injury. Despite pleading guilty to a misdemeanor neglect charge and receiving 14 months of probation, the impact on her future has been significant.
The dream of pursuing a career in healthcare, specifically as a registered nurse, was abruptly shattered when Givens was informed that her conviction could prevent her from completing her degree. After investing two years in her education, she made the difficult decision to drop out, realizing that her past would continue to cast a shadow over her aspirations.
Reflecting on the challenges she has faced, Givens expressed a sense of loss and a quest to rediscover her identity and purpose. “I just feel like so much was taken,” she lamented. Despite the setbacks, she remains determined to forge a path forward and reclaim a sense of agency in her life.
In the wake of the incident, Givens has navigated a series of personal and professional hurdles. Relocating from the neighborhood where the tragedy occurred, she has sought solace in a new environment, free from the threats and fears that once plagued her. While she no longer possesses a firearm, Givens emphasizes the importance of gun safety, urging others to prioritize securing their weapons to prevent similar tragedies.
Transitioning to a new chapter in her life, Givens has found refuge in her role as a mother, prioritizing quality time with her children and creating a sense of stability and routine for her family. Despite facing financial challenges and judgment from others who may not fully understand her story, she remains resolute in her commitment to her children’s well-being and her own resilience.
As she reflects on the enduring consequences of that fateful day, Givens acknowledges the weight of her past actions and the ongoing struggle to rebuild her life. While she maintains a facade of strength for her children, moments of sadness and regret linger, a reminder of the enduring impact of a split-second decision.
In the midst of her personal journey, Givens serves as a poignant example of the complexities surrounding gun-related incidents and the lasting repercussions for those involved. Her story serves as a sobering reminder of the need for compassion, understanding, and support for individuals navigating the aftermath of such traumatic events.
As we contemplate the broader implications of gun violence and its far-reaching effects, it is imperative to recognize the humanity behind the headlines and to approach these stories with empathy and a commitment to seeking solutions that prioritize safety, healing, and prevention.
BriOnna Givens’ narrative stands as a testament to the resilience of the human spirit in the face of adversity,
