No jail time for Livingston County mom whose 2-year-old son found her gun, shot and killed himself

Tonya Lacey,
Tonya Lacey, far right, in court beside her attorney. Photo credit Tim Pamplin/WWJ

HOWELL (WWJ) -- A Livingston County mother will serve no jail time after her 2-year-old son found her gun, and accidentally shot and killed himself.

Authorities said the tragic shooting happened on June 11, 2023, at a home in the Rolling Oaks subdivision in Howell.

At around 6 p.m., Livingston County Sheriff's deputies responding to a 911 call arrived on the scene to find the small child suffering from a gunshot wound.

According to investigators, the toddler found the unsecured gun in his mom's purse, picked it up, and was playing it when it went off. He was rushed to a hospital, where he was later pronounced dead.

Tonya Lacey, 42, was charged with one count of felony second-degree child abuse, which carries a maximum sentence of 10 years in prison.

Since that time Lacey has been in counseling, and was ordered to take gun safety classes.

After a thorough investigation by the Family Division, Lacey later pleaded no contest to a reduced misdemeanor charge.

On Thursday, Livingston County Judge Miriam Cavanaugh opted to discharge Lacey without further probation.

"It is a tragedy, and I don't think that further action this court takes or doesn't take regards to sentencing is going to change anything for Ms. Lacey. As a mother, I'm certain that she's living in her own personal grief," Cavanaugh said.

Lacey's attorney, Mitchell Ribitwer, noted that this case was not subject to Michigan's new safe storage laws, which went into effect about eight months after the tragic shooting.

"Possibly, because new legislation punishes parents that don't secure firearms...it could have been an entirely different result," Ribitwer said.

As always, authorities urge all gun owners to keep their firearms securely locked up and away from children — either in a safe or with a trigger lock or both. Free gun locks are available at MDHHS county offices, as well as at many local health departments and police departments statewide.

Featured Image Photo Credit: Tim Pamplin/WWJ