Tag: shot

  • Her son shot himself by accident with her gun. Should she be charged with a felony?

    BriOnna Givens had put in a long, painful day on her feet as a nurse’s aide.

    It was the height of the COVID pandemic, October 2020, and fear of the delta variant was rampant at the nursing home and other facilities where Givens worked as an agency nurse.

    She was in constant pain from sciatica in her back, which ached so much that she had stopped at an urgent care clinic on her way home and was prescribed a muscle relaxant.

    The job wasn’t her only stress.

    In an incident a few months earlier, a man had put a gun to Givens’ head, threatening to kill her. No one had been charged, so Givens, 31, decided to get a gun to protect her three young children and herself.

    It all left her exhausted and worried.

    At night, Givens would lie awake as her children slept, listening for any noise in their small apartment on the north side of Milwaukee, her loaded gun tucked between her mattress and box spring.

    Now, this day finally over, she laid in bed, snuggling with her youngest, 2-year-old Destin. Givens usually made sure her kids were asleep before she went to bed, but this night she drifted off first.

    A loud bang jolted her awake.

    Givens smelled smoke from the gun and then she saw Destin standing next to the bed, blood gushing from his hand.

    The boy would recover — but the family nearly fell apart.

    System responds when terrible things happen to kids

    Deep inside Milwaukee County’s Criminal Justice Facility, Deputy District Attorney Matthew Torbenson sits behind a desk surrounded by pictures of family, house plants and a pile of court documents, each telling a sad story involving a child.

    A product of the Sherman Park neighborhood and a graduate of Rufus King High School, Torbenson said he cares deeply about the Milwaukee community. He was drawn to advocating for the county’s most vulnerable victims as a Marquette University law student interning in the district attorney’s office.

    Now, at 46, he leads a team of prosecutors. Torbenson, whose boyish looks belie his experience, speaks in a calm but direct way, whip-smart on the law with an almost photographic memory of the victims he has represented and the people he has prosecuted.

    Torbenson has been doing this kind of work for two decades, prosecuting cases involving harm to children — physical abuse, neglect, sexual assault.

    Sometimes a parent has beaten a child mercilessly. Other times a child has died after getting into deadly drugs like fentanyl that were left out.

    Then there are the cases where a parent or other caregiver fails to lock up a firearm and a child gets a hold of it.

    The horrific results of those actions — and failures to act all come across Torbenson’s desk.

    And all leave an impression, which in turn drives how he and his team tackle these cases.

    “I have seen every single autopsy photograph taken of a child that’s been shot,” he said. “It is devastating to the bodies of these children. And if it does not lead to their death, it often is life-altering for them. They’re innocent, they’re completely and wholly innocent.

    “We have a responsibility to protect them.”

    Milwaukee County Deputy District Attorney Matthew Torbenson oversees all cases where children are injured or killed in unintended shootings. Those cases are generally charged as felonies in Milwaukee and not as often charged that way in other counties.Milwaukee County Deputy District Attorney Matthew Torbenson oversees all cases where children are injured or killed in unintended shootings. Those cases are generally charged as felonies in Milwaukee and not as often charged that way in other counties.

    Milwaukee County Deputy District Attorney Matthew Torbenson oversees all cases where children are injured or killed in unintended shootings. Those cases are generally charged as felonies in Milwaukee and not as often charged that way in other counties.

    Children are shot with guns. Do something. But what?

    Accidental shootings that kill children are rare, accounting for 5% of all gun deaths for those younger than 18. But they are crushingly tragic and highly preventable.

    In each case, a mistake was made, one that could and should have been avoided. These shootings are not, in a sense, complicated to prevent, at least when compared to suicides, homicides and police-involved shootings. That’s because, by definition, they lack intentionality.

    Preventing such shootings doesn’t require an understanding of what led up to them as would be the case in the murder of a battered woman by her husband, a suicide by a middle-aged man or a police shooting of someone showing threatening behavior.

    Unintentional shootings boil down to the instrument: the gun.

    Prevent access, prevent the shooting.

    And yet that is proving difficult, vexing officials in public health and criminal justice amid an array of emotional, complicated questions:

    Should the parent who didn’t lock up the gun be charged? Or is it “punishment enough” for a mother or father to have contributed to their own child’s injury or death? Do so-called “child access prevention” laws, which are increasingly popular, prevent such incidents? Is the fear of prison more likely to motivate safer behavior than fear for a child’s safety?

    Wherever you land on these questions, one thing is clear:

    In Wisconsin, cases are handled differently depending on where the shooting happened, a first-of-its-kind review and analysis by the Milwaukee Journal Sentinel, part of the USA TODAY Network, found.

    In Milwaukee County, the starting point is almost always a felony charge.

    And BriOnna Givens lives in Milwaukee County.

    Prosecutor sees felony behavior in guns left around children

    Wisconsin has a law, passed in 1991, that says when children get their hands on guns and are hurt or killed, the charge is a misdemeanor, which typically means probation.

    Torbenson has a different approach.

    For the past eight years in Milwaukee County — where accidental shootings involving children happen most often in the state — the district attorney’s office has almost exclusively issued felony charges under a different statute, the Journal Sentinel found.

    The difference in charging can be seismic for defendants.

    A felony conviction is more likely to lead to time behind bars. And even if the case ends in probation, such a conviction or even just a felony charge can reverberate through a person’s life: They can have children taken by the state, lose a job or be evicted from their apartment.

    If anything, the problem has become more urgent.

    During the pandemic, with more people at home all day, accidental shootings jumped — and the share of children getting hurt or killed rose even faster, in Milwaukee and across the nation, according to federal data and the Journal Sentinel analysis.

    Torbenson said a key reason why the cases are charged this way in Milwaukee is simple: A felony conviction bars someone from owning a gun.

    “We recognize that everyone under the law has a constitutional right to bear arms,” he said, “but with that tremendous right comes the tremendous responsibility of doing it in a way that is safe, so that other individuals aren’t going to be harmed or killed.”

    ‘We did everything right’

    Givens first decided she needed a gun years before her son shot himself in the hand.

    It was about eight years ago and she and her children were living near North 27th and West Hadley streets.

    One day on the street in front of their apartment, a man in a rage ran up to their car and started yelling and banging on the driver’s side window. Givens screamed at him but the man would not stop. She sped away.

    The encounter rattled her, and also gave her a new resolve.

    “This is real life, OK?” Givens said years later, her voice tense after recounting what happened. “I realized my voice was not going to defend us.”

    She and her mother, who lived across the street, both bought guns. They took a safety class, then a second, and applied for and received concealed carry permits. They bought safes to store their guns and ensure Givens’ children couldn’t get them.

    “We did everything right, everything we were supposed to,” Corey Conrad, Givens’ mother, told the Journal Sentinel.

    As a single mom, Givens was ready to defend her children, but she has always been a softie when it comes to disciplining them. She never “whoops” them, preferring loving correction instead.

    “I believe in soft parenting,” Givens said.

    Besides her kids, Givens’ other purpose in life is nursing. In 2018, she enrolled at Milwaukee Area Technical College to realize her dream of becoming a registered nurse.

    “I love helping people who can’t help themselves,” she said. “That’s all I’ve ever wanted to do.”

    ‘I just feared if anyone ever came in our house’

    In time, Givens’ gun was stolen. An incident in May 2020, what was supposed to be a quick run to the grocery store, convinced her she needed one again.

    A cousin picked her up one evening. As they were driving, he said he needed to make a stop to get his cellphone.

    But when they pulled onto West Burleigh Street, her cousin stepped from the car and drew his pistol. He had spotted someone who, Givens later learned, had made what he considered a disrespectful comment. Men ran off a porch, firing their own guns, as Givens described it to police and in an interview with the Journal Sentinel.

    Givens jumped out of the car, ran and tried to hide.

    A man found her crouching between two parked cars. He put a gun to her head.

    “Were you in that car with him?” the man screamed. “I’ll blow your head off!”

    She swore she wasn’t. He grabbed her and pushed her into the backseat of another car. The driver gunned it.

    Givens opened the door and jumped out, rolling onto the street, badly scraping her arms, legs and stomach. Bleeding, she scrambled to her feet and limped to a house where two older women let her in and called police.

    From her hospital bed, Givens told detectives what happened and said she even found the suspects on social media. But her identification was not good enough. A letter from the district attorney soon arrived: No charges would be filed.

    The gun Givens bought years earlier with her mom had been stolen, so now she bought another one. She started carrying her gun everywhere and sleeping with it under her mattress. She no longer had the safe for the gun, but she doubts at that point she would have used it anyway.

    “I just feared if someone ever came into our house, no one’s gonna be like, ‘Oh, let me not shoot you. Let me give you time to get your gun out of your safe,’” she said. “So I kept it close.”

    BriOnna Givens said she first purchased a gun out of concern for her own safety about eight years ago.BriOnna Givens said she first purchased a gun out of concern for her own safety about eight years ago.

    BriOnna Givens said she first purchased a gun out of concern for her own safety about eight years ago.

    How to charge accidental shootings dates to 1990s

    In 1991, Wisconsin joined a growing number of states passing child access prevention laws, designed to hold adults who let children get guns accountable.

    The bill had bipartisan support, coming from a task force on accidental injuries and deaths of children, led by then-Lt. Gov. Scott McCallum, a Republican.

    State Sen. John Plewa (D-South Milwaukee), co-authored the bill. Republican Gov. Tommy Thompson signed it.

    The law applied to children younger than 14 who were injured or killed. To be charged, the gun had to be loaded and unlocked. The punishment was a misdemeanor.

    “This was not geared at double punishing parents,” McCallum told the Journal Sentinel in a recent interview. “There’s enough grief if that happens.”

    Lawmakers added two special provisions: A prosecutor may consider the parents’ grief when deciding whether to charge them and police are required to wait seven days before arresting a parent.

    Those provisions are rare, but not unique among the more than two dozen states with such laws, experts say.

    Wisconsin’s seven-day arrest grace period is not being followed, at least not in the city of Milwaukee, the Journal Sentinel found in reviewing records and interviewing defendants.

    A Milwaukee police spokesman said that’s because defendants are typically arrested on more than one charge related to the shooting, including ones that don’t have that provision, so immediate arrest is allowed.

    McCallum said lawmakers were trying to address a growing problem while striking a balance. He and lawmakers could not envision situations — loaded guns being more often left within reach of children —  that prosecutors in Milwaukee and elsewhere are encountering today, 33 years later.

    “We had an issue then that seemed we could address, working together. And in fact, that’s what we did,” he said.

    Prosecution looks different in counties outside Milwaukee

    Accidental shootings of children happen elsewhere in Wisconsin, of course, but less often.

    In 2022, for example, a Green Bay man was charged after the 5-year-old daughter of his girlfriend was fatally shot by another child. Jordan Leavy-Carter, 35, a felon, left his loaded gun on a TV table where the child got it, according to a complaint. He is charged with a felony and awaiting trial.

    In many other cases outside Milwaukee County, however, the charge is a misdemeanor under the 1991 law.

    Last year, a father in Winnebago County left his loaded gun on a table outside the bathroom. His 5-year-old fired the gun, leaving a burn mark on his face, according to the complaint. The father received a deferred prosecution, which could wipe it from his record.

    Even more severe cases have received a misdemeanor charge.

    In 2011 for instance, a Green Bay man left his son and daughter home alone while he worked. He showed them where he kept his gun “in case of an emergency,” according to a criminal complaint.

    Hearing the dog bark, the 11-year-old boy got his father’s gun and accidentally shot his sister, 9, in the chest. The children didn’t call for help, worried their father would get in trouble. The boy cleaned his sister’s wound. As she was falling asleep, he worried she was dying and “prayed to God to make him die instead,” the complaint said.

    The girl woke up the next day and told her brother she was fine. She took a shower to clean off the blood and went to school. In class, she had trouble opening her desk. It was then that her teacher saw she was bleeding.

    The girl was taken to a hospital and survived — the bullet had entered below her chin, went through her chest and exited near her armpit. It hit her collarbone but missed vital organs.

    The father, who initially lied to police about the gun, received a year of probation.

    In other cases, incidents resulted in no charges.

    In 2017, the 3-year-old son of the police chief in Elroy got his father’s service gun and shot himself. The boy survived and no charges were filed.

    In Antigo a couple of years earlier, a 4-year-old boy shot himself in the head with his father’s gun. The boy survived. Again, no charges were filed.

    Charges are especially rare when children are hurt or killed during hunting season, according to state Department of Natural Resources records and a search of media accounts by the Journal Sentinel.

    In the past 15 years, roughly 50 children have been shot accidentally while hunting in Wisconsin, according to a Journal Sentinel analysis of incidents. Four have died. No charges were filed.

    Public health experts say the disparity in the way incidents are handled is concerning.

    “It seems like the responses really vary based on the person and the place where the event occurs,” said Dr. James Bigham, a clinical professor at the University of Wisconsin School of Medicine and Public Health who teaches medical students about how to talk to patients about firearms injury prevention.

    “It doesn’t necessarily seem like we have a uniform or universal application of the law.”

    Approach to accidental shootings shifts in Milwaukee

    For years after the 1991 bill’s passage, cases in Milwaukee were typically charged as misdemeanors, the Journal Sentinel review found.

    For instance, in 2010, a 2-year-old boy fatally shot himself with a gun his mother had left in a dresser drawer, forgetting to put it in her lockbox. She pleaded guilty to a misdemeanor and received a year of probation.

    Torbenson didn’t handle that case, but that same year he had one in which a 10-year-old boy shot himself with a loaded gun he found under his grandmother’s bed. The boy survived.

    Torbenson charged the grandmother with a misdemeanor. She pleaded guilty and was ordered to pay a $100 fine.

    In time, Torbenson came to believe charging a misdemeanor where there was the death of a child or an injury that easily could have become one was, in his words, “woefully inadequate.”

    “How does that protect that family? How does that protect the greater community? How does that get the message out that storing a firearm responsibly is, in fact, a serious thing for our community? I don’t think it does,” he said. “That’s why I take the approach I do.”

    As accidental shootings increased in Milwaukee, Torbenson began to help rewrite a different law, one focused on what is known asfelony neglect.” The law at the time said the neglect needed to be intentional. Torbenson said that didn’t make sense.

    “It almost seemed contradictory — conduct being intentionally neglectful,” he said.

    He pushed for a simple but important change, making it clear the neglect could be unintentional.

    That law, passed in 2017, makes it possible to issue charges in cases such as a child living in a filthy house or one in dangerous disrepair, malnourishment of a child, failing to get necessary medical care or leaving dangerous drugs where children can get them.

    The law doesn’t speak directly to a gun being left where a child can get it. However, in Milwaukee County, prosecutors almost exclusively use that law in accidental child shooting cases.

    The results have been stark.

    Before the neglect law was revised, there were 13 prosecutions following accidental shootings of children in Milwaukee, the Journal Sentinel analysis found. Nine were charged as misdemeanors and four as felonies.

    Since the law’s passage, there have been 54 prosecutions. Two were charged as misdemeanors; 52 as felonies.

    In other counties in Wisconsin during that same period, there were 34 prosecutions of unintended child shootings; 24 were charged as misdemeanors.

    Torbenson said he can’t speak to what is happening in other counties, but he is not surprised by Milwaukee’s numbers. As prosecutions increased, he said he rarely sees parents who are remorseful or apologetic.

    “It’s much more, ‘Why am I being arrested? What did I do wrong? I’m the one who lost a child,’” he said. “There is a lack of self-reflection about why we are here: This was preventable and preventable by you.”

    Milwaukee County Deputy District Attorney Matthew Torbenson oversees prosecution of all cases involving child victims, including cases where children get guns and hurt themselves or others. Torbenson here is pictured in 2020.Milwaukee County Deputy District Attorney Matthew Torbenson oversees prosecution of all cases involving child victims, including cases where children get guns and hurt themselves or others. Torbenson here is pictured in 2020.

    Milwaukee County Deputy District Attorney Matthew Torbenson oversees prosecution of all cases involving child victims, including cases where children get guns and hurt themselves or others. Torbenson here is pictured in 2020.

    Startled awake, mom discovers her son is shot

    As Givens snapped awake, her son Destin was screaming, his right hand bleeding. Givens’ .22-caliber Glock handgun lay on the floor nearby.

    Givens frantically dialed 911, then rushed her 2-year-old to the kitchen sink and thrust his hand under the water. The bullet had sliced through the webbing next to his thumb. There was a lot of blood.

    Givens said she should have known what to do. She was a nurse who once worked at Froedtert Hospital, which specializes in shooting cases. But she couldn’t think clearly.

    “I’m freaking out because my baby just shot himself,” she said recently. “I went into panic mode.”

    Minutes later, the police and paramedics were crowded in the family’s apartment.

    It had already been a bad year for these kinds of cases. Because of COVID, people were spending more time at home, domestic violence cases were climbing and gun sales were soaring because of unrest after police brutality cases, fears around COVID and more.

    By the time 2020 was over, there would be 16 accidental shootings involving children in  Milwaukee, two of them fatal, according to the Journal Sentinel review. That was double the previous year’s total incidents. Givens’ case was the 10th such shooting of the year.

    In the chaos, Givens’ mom appeared and comforted Givens’ other children, 8-year-old Journey and 6-year-old Marcus.

    Through sobbing tears, according to the police report, Destin told the officers, “I did it. I shot.”

    Officers ordered Givens to quiet Destin so they could get answers from her: How did the boy get the gun? Where was she? Why did you leave a loaded gun under a mattress?

    Givens stammered out answers. The officers had heard enough. They put Givens in handcuffs and led her to a squad car, even as paramedics continued to treat her son.

    Unintended shootings drop, but children more often the victims

    Unintentional shootings are the smallest category of gun deaths, making up about 1% of the total, and have been dropping for four decades.

    There were about 2,000 unintentional gun deaths a year in 1979. Today, there are about 500 annually, with roughly 115 of them children, according to U.S. Centers for Disease Control and Prevention data.

    In keeping with national trends, accidental shootings in Milwaukee spiked during the pandemic and appear to be dropping in the past year.

    Even as such shooting deaths have fallen over the years, there are troubling trends: Children ages 1 to 4 are more likely to be victims, the data shows, and those toddlers are more often Black children.

    Laws that hold parents and others liable when children get hurt or killed in shootings are passing across the country. Wisconsin’s 1991 law and the felony neglect law, amended with Torbenson’s help, fall into that category.

    Are such laws effective?

    Studies have found evidence that these laws prevent unintentional shootings of children. The results have been touted by groups such as Everytown for Gun Safety, which advocates for tightening gun laws.

    “We know these laws save lives,” said Alison Shih, senior counsel for Everytown.

    A 2022 study, however, raises questions about that.

    Matthew Miller, professor of health science and epidemiology at Northeastern University and adjunct professor of epidemiology at Harvard University.Matthew Miller, professor of health science and epidemiology at Northeastern University and adjunct professor of epidemiology at Harvard University.

    Matthew Miller, professor of health science and epidemiology at Northeastern University and adjunct professor of epidemiology at Harvard University.

    Matthew Miller, a doctor and professor at Northeastern and Harvard universities, said the intent behind the laws is solid: Children are safer when they cannot get to guns.

    But when Miller, the study’s lead author, and his colleagues examined the data, they didn’t find the preventative effect that had been reported.

    Miller told the Journal Sentinel his team found many gun owners didn’t know the laws even existed in their state. Some did know but were still keeping their guns unlocked, he added.

    “I’m all for getting parents to lock up their guns and make them inaccessible to their children. That can only save lives,” Miller said. “I just don’t have much confidence that as enacted these laws are getting many parents to lock up their guns.”

    No budging when it came to charges

    Givens was led to a jail cell late the night her son shot himself. Then, it seemed, police forgot about her, she said.

    After a couple hours, officers came back and gave her some water, questioned her, and then took her to the county jail for booking. She said she spent several days behind bars with no one telling her how her son was doing.

    With no criminal record, Givens hoped for a misdemeanor or a deferred prosecution, where if she followed court orders for a year, the case would disappear.

    The prosecutor, part of Torbenson’s team, refused.

    “It was felony, felony, felony,” Givens said.

    Miss why someone has a gun, misunderstand how to help

    Standing before a class of a dozen new gun owners in summer 2023, firearms instructor Jieire Vance ticked through slides.

    “The Wisconsin Department of Justice recommends that you keep your firearm unloaded and locked in a safe, separated from the ammunition,” Vance said.

    There was silence for a second in the basement of Prince Hall Masonic Temple on the city’s near north side. Then several students in the class started laughing.

    “Well, that’s not why I am here!” one older woman blurted out.

    Firearms instructors like Vance hear every day about why people get guns and how they store them. People are buying guns to keep their homes safe, Vance said, so it is crucial for owners to ensure that children are not put in jeopardy. It also is important to understand that every situation is different, he said.

    “I keep it very frank,” Vance said of when he talks to parents about small children getting guns. “I want them to hear the severity of it.”

    Jieire Vance, a firearms instructor, teaches Charelle Brown at a firearms safety class at Prince Hall on Milwaukee's north side in July 2023.Jieire Vance, a firearms instructor, teaches Charelle Brown at a firearms safety class at Prince Hall on Milwaukee's north side in July 2023.

    Jieire Vance, a firearms instructor, teaches Charelle Brown at a firearms safety class at Prince Hall on Milwaukee’s north side in July 2023.

    Depending on maturity, older children may be part of the home defense plan, Vance said. He and his partner offer to come to their students’ homes for free to evaluate their safety and storage plans.

    Jeff Pharris, a firearms instructor from Washington County, said how and where people keep their gun depends on their history and the risks they face.

    When talking to clients of a domestic violence shelter, one woman told Pharris she slept with a loaded gun on her nightstand because a man had crept into her room and sexually assaulted her.

    The woman told Pharris she couldn’t fall asleep without a loaded gun nearby.

    Such stories are troubling to public health officials and researchers who note when there is a gun in a home, it is more likely a gun will be used to hurt or kill someone living there rather than to stop an intruder. That is backed by studies.

    Yet other experts say that blanket message may miss the world where many people live, facing life in a high-crime neighborhood or worried about an abusive former partner.

    A majority of defendants in unintentional shooting cases told police they had the gun for defense, according to criminal complaints reviewed by the Journal Sentinel.

    Erin Earp, senior policy attorney at Giffords Law Center to Prevent Gun Violence, said oversimplifying the issue can alienate and even shame gun owners.

    “We’re not trying to say anybody’s a bad parent,” she said. “Every time I’m sure that person is thinking, ‘I never thought my child would do this. I never thought this accident would happen.’ They do happen and there are things that can’t be undone.”

    Vance said he has taught thousands of first-time gun owners in Milwaukee in recent years. Most of them are Black women — like Givens — who say they want to protect themselves and their children and don’t believe police will be there in time to help.

    One woman told the Journal Sentinel she got a gun after she was punched in the face by a drug dealer who accused her of talking to police.

    Another told the Journal Sentinel, “A man hit me harder than anyone has ever hit me. I said, ‘That’s never going to happen again.’ So I got a gun.”

    Jieire Vance, owner and instructor of Guaranteed Protection Services LLC, explains how a revolver is loaded and unloaded during a firearm safety training course at Prolific Arms LLC on South 60th Street in West Allis on March 11, 2024.Jieire Vance, owner and instructor of Guaranteed Protection Services LLC, explains how a revolver is loaded and unloaded during a firearm safety training course at Prolific Arms LLC on South 60th Street in West Allis on March 11, 2024.

    Jieire Vance, owner and instructor of Guaranteed Protection Services LLC, explains how a revolver is loaded and unloaded during a firearm safety training course at Prolific Arms LLC on South 60th Street in West Allis on March 11, 2024.

    What do the cases in Milwaukee look like?

    Givens, who was charged with a felony several weeks after the shooting, is typical of the people charged in Milwaukee County in such cases, the Journal Sentinel review found.

    Defendants are typically related to the victims, most often the mother or father. The majority of defendants have no criminal record. And nearly all are Black.

    While the initial charge is most often a felony in Milwaukee County, most of the cases resulted in probation or a short jail term.

    In counties outside Milwaukee, where prosecutors were more likely to charge defendants with misdemeanors, the Journal Sentinel review found that the majority of defendants are white.

    To a certain extent, that disparity isn’t surprising. More than 65% of the state’s Black population lives in Milwaukee County.

    Because Milwaukee County prosecutors are almost always charging felonies, they are reinforcing a disparity where Black parents are more likely to be charged with a harsher crime, based purely on where they live.

    Regarding the racial composition of these cases, Torbenson noted that almost all of the victims are also Black.

    “That’s a huge loss for this community,” he said. “That’s who I think about at the end of the day is those little kids.”

    Torbenson said he and his team consider a person’s history and whether they accept responsibility when deciding how to resolve the case, including what charges to bring. In some cases, he noted, no charges are issued.

    The Journal Sentinel found about two dozen accidental shootings in Milwaukee County where no charges were issued over 15 years.

    Details about why no charges were filed were often not available. In cases where details were available, evidence was lacking about whose gun it was. Other factors like what effort was made to store the gun are considered in whether to charge, Torbenson said.

    He added he typically has not charged cases where the victim is older and suicide was the likely motive.

    Citing cases like Givens’ and others, experts said it is worth considering how laws and the approach in Milwaukee County could land on already hard-hit people.

    “We want to make sure that we’re not destroying someone’s life in the meantime because the ultimate goal is to keep our kids safe,” said Jen Pauliukonis, director of policy and programming at Johns Hopkins Center for Gun Violence Solutions.

    “We don’t want a law that’s going to tear down those who are already the most vulnerable to so many public health issues.”

    Shootings of children range from careless to utterly reckless

    In the end, Givens never encountered Torbenson — whose approach to accidental shootings determined so much of what has happened to her since. An assistant district attorney working for Torbenson prosecuted the case.

    When talking with a reporter, Torbenson flipped through Givens’ case to get the basics.

    Loaded gun under a mattress. Victim of an earlier crime. Took a muscle relaxant.

    It all added up to how the case was charged — a felony — and the plea agreement that came later.

    Sitting at his desk behind two 20-ounce cups of Starbucks coffee, one done and the other nearly so, Torbenson said the cases range from the careless to the utterly reckless.

    The death of Elijo Gonzalez, a 5-year-old who shot himself in early 2023, falls into that second category.

    The victim and his sister, 11, were being watched by their uncle, Bryan Jaensch, in a house on Milwaukee’s south side.

    Elijo grabbed his father’s loaded gun and showed Jaensch he had it. Jaensch took the pistol away and put it on a shelf but it was in a spot where the boy could still get it.

    The boy grabbed the gun again. His sister noticed and alerted her uncle. But rather than take away the gun, Jaensch simply yelled to put it down and turned back to his phone.

    Seconds later the boy shot himself in the head.

    The father got six years in prison; Jaensch, the uncle, got four years.

    With her brother’s blood spattered on her clothes, the girl later told detectives she couldn’t understand why her uncle hadn’t taken the gun away and put it somewhere safe.

    Recalling the case, Torbenson shakes his head: “This 11-year-old girl gets it.”

    Milwaukee County Deputy District Attorney Matthew Torbenson, who prosecutes child abuse cases including accidental shootings of children, says it is important to charge those cases as felonies. Milwaukee has the most such cases in the state.Milwaukee County Deputy District Attorney Matthew Torbenson, who prosecutes child abuse cases including accidental shootings of children, says it is important to charge those cases as felonies. Milwaukee has the most such cases in the state.

    Milwaukee County Deputy District Attorney Matthew Torbenson, who prosecutes child abuse cases including accidental shootings of children, says it is important to charge those cases as felonies. Milwaukee has the most such cases in the state.

    Life today for Givens is hard; she wishes a lot were different

    Givens’ life fractured soon after her son shot himself.

    She fought to keep custody of Destin. She lost her job as a nurse’s aide and couldn’t find another. For a time the family was homeless, her children staying with her mother while she lived in her car.

    “I just didn’t know which way to turn,” Givens said.

    Givens considered taking her case to trial, but it felt risky. If she lost, she could end up behind bars away from her kids, now ages 6, 10 and 12.

    “I felt like my life was on the line,” she said. “What is going to happen with my career? What is going to happen to my babies?”

    The prosecutor offered her a misdemeanor neglect charge. She agreed to plead guilty.

    With no criminal record, Givens didn’t get time behind bars. Instead, she was sentenced to 14 months probation and required to take a parenting class and a gun safety course.

    Because it was still a neglect charge, she said she has had difficulty finding a job in health care or education.

    She has lost her dream of becoming a registered nurse. After two years of classes, Givens said she dropped out when she was told her conviction would stop her from finishing her degree.

    “I just feel like so much was taken,” she said. “I’m trying to find me. I’m trying to find my purpose.”

    BriOnna Givens was charged with felony child neglect after her son, Destin, left, shot himself in the hand with her gun in October 2020 in Milwaukee. Givens pleaded guilty to a misdemeanor neglect charge and received 14 months probation. Also pictured is Givens' daughter, Journey.BriOnna Givens was charged with felony child neglect after her son, Destin, left, shot himself in the hand with her gun in October 2020 in Milwaukee. Givens pleaded guilty to a misdemeanor neglect charge and received 14 months probation. Also pictured is Givens' daughter, Journey.

    BriOnna Givens was charged with felony child neglect after her son, Destin, left, shot himself in the hand with her gun in October 2020 in Milwaukee. Givens pleaded guilty to a misdemeanor neglect charge and received 14 months probation. Also pictured is Givens’ daughter, Journey.

    Givens said she isn’t scared of her attackers coming for her like she was in 2020. She moved away from the neighborhood and the man who threatened to kill her has since died. She doesn’t have a gun but if she ever got one again, she said she would be sure to have — and use — a safe.

    “Before you buy anything else, buy a gun safe,” she tells people today.

    Meanwhile, Givens is in a new apartment with her children. She spends most of her time with them, hanging out at home, going to their basketball games and enjoying a new church they started attending.

    She is waiting tables, back to a job she worked as a teenager, and has difficulty making the bills.

    Givens said people look at her sideways these days because they see her conviction online. They may say: ‘You don’t even take care of your kids.’

    “I tell them, ‘You don’t even know my story. You don’t know what happened,’” she said.

    Givens said she needs to remain strong for her kids. But she gets sad when she remembers what happened to her, even as she watches him race around her living room.

    And she feels like she will be paying the price for the rest of her life.

    BriOnna Givens was charged with a felony after her son, Destin, left shot himself in his hand with her gun.BriOnna Givens was charged with a felony after her son, Destin, left shot himself in his hand with her gun.

    BriOnna Givens was charged with a felony after her son, Destin, left shot himself in his hand with her gun.

    Journal Sentinel data reporter Eva Wen and former O’Brien Fellowship assistant Ben Schultz contributed to this report. Reporter John Diedrich can be reached at jdiedrich@gannett.com.

    About this project

    Milwaukee Journal Sentinel reporter John Diedrich examined the full extent of gun deaths in Wisconsin during a O’Brien Fellowship in Public Service Journalism at Marquette University.

    The project reveals the full picture of gun deaths in the state and tells the stories of people affected by gun deaths and those trying to find solutions.

    Marquette University and administrators of the program played no role in the reporting, editing or presentation of this project.

    This article originally appeared on Milwaukee Journal Sentinel: How Wisconsin law treats parents of children in accidental shootings

  • The NBA’s ‘shot desert’ problem is real. Could 3-point dunks save us?

    Ja Morant is back and has Brook Lopez turned around. It’s November, and the electric point guard is leading the fast break in the third quarter against a porous Milwaukee Bucks transition defense. The slow-footed Lopez is the only obstacle between Morant and a thunderous finish at the basket. With Morant going downhill, this is a viral moment waiting to happen.

    But instead of jetting through Lopez for a rim-rocking dunk, Morant does something unexpected. He slams on the brakes and pulls up for a 3-pointer, missing badly off the far side of the rim.

    Morant didn’t dunk on that possession. Which, surprisingly, has been commonplace for the 25-year-old phenom.

    This season, Morant hasn’t dunked at all. In eight games, Morant has not completed a single dunk, missing both of his attempts (including this all-time blooper). Coming back from shoulder surgery, his dunk-attempt rate is a sliver of what it used to be. His 360 layups are a thing of beauty, but dunks they are not. Meanwhile, Morant, a poor 3-point shooter, continues to launch freely from deep.

    Morant represents the face of a growing grumble around the sport, that the product is suffering because the math says players should fire up 3s at a high rate, which some feel is at the expense of thrilling dunks at the rim.

    On opening night, after the Boston Celtics launched 61 3-point attempts in a sleepy rout over the New York Knicks, FS1’s Nick Wright, in a clip from his What’s Wright podcast that generated millions of views on X, lamented the modern playing style and called for the league to change its rules. Among Wright’s proposals was the suggestion that the NBA should make dunks worth three points to incentivize a better product for fans who, as the tumbling ratings suggest, appear to be increasingly disenchanted with the television offering.

    Boston, MA - October 22: Boston Celtics SF Jayson Tatum shoots a 3-point basket with pressure from New York Knicks SF OG Anunoby in the first quarter at TD Garden. (Photo by Danielle Parhizkaran/The Boston Globe via Getty Images)Boston, MA - October 22: Boston Celtics SF Jayson Tatum shoots a 3-point basket with pressure from New York Knicks SF OG Anunoby in the first quarter at TD Garden. (Photo by Danielle Parhizkaran/The Boston Globe via Getty Images)
    The Celtics welcomed in the season by shooting — gulp! — 61 3s. (Boston Globe via Getty Images)

    “I know this sounds insane,” Wright said, “but at its core, the NBA is at its best when dudes are flying over people, meeting ’em at the rim. That is when it’s at its best television product. A bunch of finesse guys hanging out at the 3-point line hoisting 30-footers is not good TV.”

    So let’s try this on for size. What if dunks were worth three points instead of two? Would Morant have attempted to dunk on Lopez? How would that change alter the game? And is it addressing a problem worth trying to solve?

    I asked coaches, GMs and basketball experts about whether 3-point dunks would solve the NBA’s current predicament and the answers slowly revealed what is really lost in today’s game.


    With the Celtics running away with the 2024 NBA Finals armed with a historically heavy dose of 3-pointers, NBA teams have copied Joe Mazzulla’s blueprint and smashed through previous high marks of 3-balls this season. After settling at about 35 attempts per game the last few seasons, teams are launching with more fervor than ever before. On average, teams are attempting a record 37.4 triples per game this season, the largest year-over-year increase in about a half-decade, according to Stathead.com tracking.

    This was supposed to generate more dunk opportunities. Opposing big men have been pulled away from the basket. Driving lanes have opened up. Dunkers should be cleared for takeoff. However, despite wider pathways to the basket pried open by shooters anchored around the perimeter, the frequency of dunks has remained fairly flat in recent years.

    Last Friday, Anthony Edwards, who is widely considered among the game’s best in-game dunkers, delivered a ferocious slam over Kings center Domantas Sabonis. Those who want more of those highlight reel plays from Ant can thank former NBA vet Corliss Williamson. Ahead of the game, Williamson, now a Timberwolves assistant coach, made a comment to Edwards that he was “playing soft” this season. Edwards took it to heart evidently. “I told him I was gonna dunk on one of they a****,” Edwards shared with reporters after the game.

    Edwards, like Morant, isn’t dunking like he used to. Edwards’ slam over Sabonis was just his seventh dunk of the year, a season in which he has seen his dunk rate sliced in half. Meanwhile, he’s now shooting 11.3 3-pointers a game, up from 6.7 per game last season. It isn’t hard to see how Williamson’s “soft” comment could be code for “shooting too many 3s.”

    DeMar DeRozan, 35, is another skywalker who has yet to dunk this season after tallying 18 slams last season in Chicago. Part of that decline can be chalked up to his age, but it’s also indicative of a league that’s increasingly asking its wings to opt for the long ball. Utah backcourt mates Collin Sexton and Jordan Clarkson have yet to dunk after logging 36 combined slams last season, per Stathead.com tracking. Guards in today’s game dunk 0.32 times per game, down 8% since last season.

    So, make dunks worth three points. Easy fix, right? Not so fast. Canvassing the league, I found the 3-point dunk isn’t being met with open arms.

    “Going to the rim is still more advantageous than a 3,” said one team’s top basketball executive, “so I don’t think you need to increase dunk points.”

    There’s truth in the data. On average, a field-goal attempt located in the restricted area generates 1.32 points, which is more valuable than a 3-point shot, which yields 1.08 points. But that only scratches the surface of the value of a rim attack. The basket area is typically where shooters generate precious foul calls and those opportunities become instantly more valuable once the whistle is blown. In a sense, the extra value of a dunk attempt is already baked into a team’s calculus. Which is why there are still more shots in the paint than beyond the 3-point line in today’s game.

    Another concern about the 3-point dunk rule? Violence.

    “Injury seems like a more likely outcome,” said one Western Conference executive.

    Oklahoma City Thunder forward Chet Holmgren, left, and Golden State Warriors forward Andrew Wiggins (22) collide as Wiggins shoots during the first half of an NBA basketball game Sunday, Nov. 10, 2024, in Oklahoma City. Holmgren was injured on the play and helped off the court. (AP Photo/Nate Billings)Oklahoma City Thunder forward Chet Holmgren, left, and Golden State Warriors forward Andrew Wiggins (22) collide as Wiggins shoots during the first half of an NBA basketball game Sunday, Nov. 10, 2024, in Oklahoma City. Holmgren was injured on the play and helped off the court. (AP Photo/Nate Billings)
    Want 3-point dunks? Prepare for even more injuries to players. (ASSOCIATED PRESS)

    Early last season, Edwards missed two games with a hip injury after crashing hard to the floor trying to dunk over OKC’s Jaylin Williams. Williams’ teammate, Chet Holmgren, wasn’t so lucky earlier this month. After a similarly vicious crash to the floor trying to prevent a dunk attempt by the soaring Andrew Wiggins, Holmgren fractured his hip and will be out for at least two months, jeopardizing the Thunder’s title quest and all but vaporizing his All-Star chances.

    As I wrote earlier in the season, the league is already facing an injury crisis. Raising the stakes to incentivize players to collide in midair at full speed doesn’t seem like a sustainable solution to the NBA’s existing problems. Don’t forget about the issue of injuries from striking the rim with your hand. (Drew Gooden once claimed he needed “seven or eight years” to heal from a wrist injury suffered while dunking.)

    Instead of making dunks worth three points, another league executive co-signed one of Wright’s proposals from his aforementioned podcast: make 3-pointers worth four points and 2-pointers worth three points. “But I doubt folks would go for that,” the executive conceded.

    I reached out to Nick Elam, the Ball State professor and inventor of the Elam Ending basketball innovation that was adopted by the NBA for All-Star Games and the The Basketball Tournament for his thoughts on Wright’s proposal to increase the reward for a dunk. He initially felt himself getting swayed by the merits of such an idea. It would likely reduce the number of 3-point shots and make for a more entertaining game, he surmised. But eventually, he wasn’t convinced the potential benefits outweighed the downsides.

    One obstacle, he pointed out, is the tricky matter of officiating. If a player fouls Morant on a layup, who’s to say that it wasn’t a dunk attempt and thus warrant three free throws?

    “We’ve never had to care [about that],” Elam said. “But under a 3-point dunk rule, we would have to care. We’d have to care so much that these types of fouls regularly result in challenges, replays, controversies with no clear or satisfying outcome, and so on.”

    Yeah, no thanks. We could avoid that problem by making all fouls inside the 3-point arc two-shot fouls.

    But there’s another downstream issue: What’s a dunk? We’d have to deploy the NBA’s player-tracking cameras on the hoop or put some sort of volleyball antenna on the rim to tell us whether a player actually “dunked” the ball. I’m already dreading the replay reviews.

    Tinkering with the point system seems like a noble exercise, but these ideas wouldn’t do enough to address the heart of the problem raised by Kirk Goldsberry:

    Everyone’s shooting the same damn shots.


    Elam calls them “shot deserts.” He believes that solving the NBA’s problem starts with filling in the areas of the floor — specifically, the mid-range zone, which is outside the paint and inside the 3-point arc — that have been abandoned by teams looking to squeeze every morsel of efficiency out of every possession.

    Since 3s are worth 50 percent more than 2s, and they convert at about the same rate as mid-range jumpers, it doesn’t take a rocket scientist to figure out why teams prefer one over the other. And now it seems everyone is wise to the math that has resulted in what feels like a widespread sameness to the league.

    “Yes, there are too many 3s — offensive possessions are stagnant and predictable,” Elam told Yahoo Sports. “For several years, large shot deserts have emerged on NBA courts, essentially anywhere inside the 3-point arc, except within arm’s reach of the rim. The sport is in need of recalibration to distribute shots more evenly around the court.”

    The numbers show a massive migration. In 1996-97, the first season of shot-location data, the Michael Jordan-led Chicago Bulls paced the league with 41.5 mid-range shots per game while the average team took about 32 attempts from that area. Over time, as analytically driven basketball minds began to see the wasteful average payoff of 20-footers, heaps of those same jump shots got pushed beyond the 3-point line.

    “Yes, there are too many 3s — offensive possessions are stagnant and predictable. The sport is in need of recalibration to distribute shots more evenly around the court.”Nick Elam

    This season, the leading purveyors of the mid-range, the Sacramento Kings, take just 14.1 shots from the same area that Jordan enjoyed, with the majority of the NBA taking single-digit attempts per game.

    The crazy thing? It’s gotten to the point that teams will go entire games without scoring from the mid-range area at all. This is what I’ll call the desert games.

    Remarkably, this season there have been 24 instances in which a team did not score a single point in the mid-range area, according to NBA.com/stats tracking. This is a mind-boggling figure. For decades, we never saw one such game — even as recently as 2010-11. Then one. Then two. Soon, 13. A big jump in 2018-19 to 64 (the Moreyball Rockets won 65 games the year before). Then, a plateau around 80 such games.

    Until this season.

    This season, we’ve already seen 24 such games, which means we’re on track for — get ready for this — 136 desert games. It happens almost every night now.

    The problem of league-wide sameness that Wright and Elam describe doesn’t just bear out in the sheer number of desert games. In a fascinating twist, desert games are not the exclusive property of one radical NBA team — say, the Boston Celtics — looking to hyper-emphasize the 3-point shot. In reality, 14 different teams this season have played an entire game without scoring in the mid-range. And it’s not just the good teams. Up and down the standings, teams have abandoned the mid-range. The league’s leader in desert games? The 3-11 Utah Jazz.

    This is a radical change in strategy that has transpired right before our eyes. When Stephen Curry came into the league in 2009, we went the entire season without seeing a desert game. Curry was the transcendent shooter that lit the fire. James Harden/Moreyball fanned the flames. The Celtics poured gasoline on it. Now it’s wildfire spreading across the league.

    In 2022, I had the opportunity to moderate a panel at the MIT Sloan Sports Analytics Conference called NBA 75 to 100: The Future of the Game. Among those on the panel sat JJ Redick, now the head coach of the Los Angeles Lakers, and Daryl Morey, who leads the Philadelphia 76ers’ front office. The topic of 3-pointers inevitably came up. Redick, who played in Philadelphia for two seasons before Morey arrived, shared a story about a Sixers staffer encouraging him to trade a mid-range shot for a sidestep 3 because the percentages were better. Redick wanted to keep it in his bag.

    “Sometimes,” Redick said, “in a possession, the best shot is that pull-up [mid-range] jumper.”

    Fast forward two years later, Redick’s Lakers and Morey’s Sixers played a game in which neither team scored a single point from the mid-range area — that is, until LeBron James swished a 12-footer from the left baseline with 3:16 left in the fourth quarter. We were moments away from the NBA’s first-ever “shot desert” game in which both teams failed to score from the entire mid-range area, per NBA.com tracking.

    Track it next time you watch an NBA game. Notice how teams rarely take the open mid-range shot, opting instead to drive into the paint and kick. Drive and kick. Drive and kick. Until an open 3 is created. Or the rim protectors cry, “Uncle.” The Celtics won a championship with this brand of basketball.

    In the end, I don’t think I support the 3-point dunk rule even if I do want to incentivize the Morants and Edwardses of the world to be dunking more. From an injury standpoint, a 3-point dunk rule feels like something where the cure is worse than the disease. In such a world, high-flying athletes would be too injured to play in the long run and/or too protective of their careers to dunk every time down the floor. Can you imagine the trainwrecks in a fastbreak situation to break up a dunk? If you thought clear-path foul controversies were bad now, just wait.

    Any sort of rule change has to address that we’ve abandoned a huge area of the floor. If it wasn’t apparent before, the sudden rise of shot desert games should hammer it home.

    “You think the mid-range jumper is a lost art now?” Elam said. “Just wait until it is quantifiably even less efficient, relative to a dunk, than it is currently.”

    Also, if dunks were worth three, I think we’re thinking about the wrong guys. It’s not the flying wings who would benefit most. I actually think the most valuable players would be the Rudy Goberts and Giannis Antetokounmpos — guys who can dunk and prevent dunks.

    Who am I kidding? The MVP would probably be Victor Wembanyama. Until the end of time.

    HOUSTON, TEXAS - NOVEMBER 06: Victor Wembanyama #1 of the San Antonio Spurs defends a dunk attempt by Jalen Green #4 of the Houston Rockets in the first half at Toyota Center on November 06, 2024 in Houston, Texas.  NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Tim Warner/Getty Images)HOUSTON, TEXAS - NOVEMBER 06: Victor Wembanyama #1 of the San Antonio Spurs defends a dunk attempt by Jalen Green #4 of the Houston Rockets in the first half at Toyota Center on November 06, 2024 in Houston, Texas.  NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Tim Warner/Getty Images)
    OK, maybe dunking on Victor Wembanyama should be worth more. (Tim Warner via Getty Images)

    The NBA should look at what Major League Baseball did in 2023 to ban the shift and introduce the pitch clock. The league recognized the relentless data-driven pursuit of Three True Outcomes (strikeouts, walks and home runs) ruined the diversity of action on the field. The game became too predictable and the league took action against the rampant sameness.

    In the NBA, we ultimately want to watch competition, but our attention depends on the element of surprise to keep us locked in. The game, in its current form, is lacking some of that spontaneity and creativity. If the goal is to create more shot diversity, replenish the shot deserts and make the game more unpredictable, I have three other ideas that I prefer to the 3-point dunk:

    I like this concept from Goldsberry, the godfather of all basketball mapping. Eliminate the corner 3, or what he calls the loophole 3, and make the NBA’s shot economy more fair and “disincentivize loitering.”

    I’m with it in theory. My main concern is that the game would be exclusively played in the middle third of the floor. Why would you go anywhere near the corners if there’s no added bonus? Maybe you can get more open shots there. But I worry that eliminating the corner 3 is creating two parallel shot deserts on the outer thirds of the floor. But yeah, dudes standing idly in the corners ain’t it either.

    This is, in some ways, the most sensible tweak in the short-term. You might say, But what about all the court-level seats that we’d lose?! My former editor/boss Henry Abbott of TrueHoop always laughed at that concern. He’d get into the basic geometry of it all and point out that a wider court creates more courtside seats for owners to sell. So what if you’d lose a few seats in the second and third row? Seems like a billionaire problem, not one for the average NBA fan. Even still, decreasing supply would likely increase demand. As one executive put it: “They would make more money if they expanded the court as fewer seats always equals more money.” To that point, have you tried to buy a ticket at Cameron Indoor Stadium?

    From a basketball perspective, it doesn’t solve the shot diversity problem. I’m not sure there is a complete fix for that unless you go full Rock N’ Jock and add a 25-point basket (17 feet above the floor) and 50-point basket (25 feet and 6 inches). Watching a teenaged Kevin Garnett celebrate by screaming in Gary Payton’s face because GP hit a 50-pointer … my eyes are welling up from nostalgia.

    I’m campaigning for the 2-3-4 system where there’s a deep 4-point line and a shorter 3-point line that brings back the mid-range. I’ve long-been a supporter of the 4-point line that incentivizes logo shots. They’re awesome, but slapping a deep 4-point line on the court doesn’t solve the shot desert problem.

    (Grant Thomas/Yahoo Sports Illustration)(Grant Thomas/Yahoo Sports Illustration)
    (Grant Thomas/Yahoo Sports Illustration)

    So, we shorten the old 3-point arc. Make it 15 feet at the apex (where the nail at the free-throw line currently is now) and broaden it to about 17 feet in the corners. Anything inside it is 2 points. Take the old 3-point arc and slide it back to 35 feet. That’s the four-point line. Make it 40 feet? Sure, let’s see what happens. In between those lines, that’s the 3-point zone.

    I want logo shots and mid-range shots and paint shots. I want all of it.

    Basically, I want shot selection back.