No charges in case of Minnesota 3-year-old who found gun, fatally shot himself

“There is not a reasonable likelihood of a successful prosecution in this case,” the Otter Tail County Sheriff’s Office said.

The Minnesota Star Tribune
March 29, 2025 at 5:31PM
Rudy Sweere (With permission from GoFundMe)

No charges will be filed in the death of a 3-year-old Minnesota boy who found a gun in his home and accidentally shot himself in the head, officials said Friday.

A caller reported the shooting about 5:40 p.m. Dec. 29 in a home in Oak Valley Township, about 10 miles south of Wadena, the Otter Tail County Sheriff’s Office said.

The boy was taken by emergency responders to a hospital in Wadena, where he died that night, the Sheriff’s Office said.

Other people were in the home at the time, according to the Sheriff’s Office.

“After a thorough review of the evidence, the Otter Tail County Attorney’s Office has determined that there is not a reasonable likelihood of a successful prosecution in this case,” the Sheriff’s Office said in a statement. “As such, no charges will be filed. This was a tragic incident, and our thoughts remain with the family and all those affected.”

The possible charge would have been a gross misdemeanor for negligently storing or leaving a loaded firearm where a child could gain access, the Sheriff’s Office said.

The Sheriff’s Office spelled out for the first time the circumstances leading up to the boy’s death based on what it called “a comprehensive investigation”:

The home had child-proof gun safety mechanisms in place, including secured doors and cabinets.

The shooting occurred in a room where the child was not permitted to be left alone. However, a childproof door mechanism was inadvertently left partly ajar for a brief period, allowing Rudy to enter. He then found the gun in a closed drawer.

“The Otter Tail County Sheriff’s Office continues to encourage all firearm owners to follow best practices for firearm safety,” its statement read, ”ensuring that firearms are stored securely and out of the reach of children at all times."

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Paul Walsh

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Paul Walsh is a general assignment reporter at the Minnesota Star Tribune. He wants your news tips, especially in and near Minnesota.

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