Investigation of 6-Year-Old Shooting Death Transferred to Atlantic County Authorities

The Atlantic County Prosecutor's Office has taken over investigative duties in the accidental shooting death of a 6-year-old Toms River boy by his 4-year-old neighbor. 

The case has been transferred out of county to avoid any potential conflicts among law enforcement who may have ties to the case, according to Al Della Fave, spokesman for the Ocean County Prosecutor's Office.

Haleigh Walz, a spokeswoman for the Atlantic County Prosecutor's Office, confirmed the case was transferred to Atlantic County Tuesday evening.

Acting Atlantic County Prosecutor James P. McClain released the following statement just before 10 a.m.

"Yesterday evening, my office was advised by the New Jersey Division of Criminal Justice that we will supersede the Ocean County Prosecutor's Office in the investigation into the fatal shooting of a 6-year-old boy in Toms River on Monday, April 8.

"The Atlantic County Prosecutor’s Office is in the process of gathering all relevant information presently in the possession of the Ocean County Prosecutor’s Office, and will move to complete the investigation once this preliminary process has been completed.

"We can provide no further information at this time."

Brandon Holt, 6, died Tuesday, a day after being shot by a 4-year-old in the yard of a neighbor's McCormick Drive home.

Authorities continue to investigate whether any charges will be filed against the parents of the 4-year-old. Della Fave said that his office had no new information to release before the investigation was transferred to Atlantic County. 

Toms River Police Chief Michael Mastronardy said the matter is under investigation, and any possible criminal action could be subject to a grand jury investigation.

"It's a tragic thing that happened," said Mayor Thomas Kelaher Tuesday night. "It's a terrible tragedy."

Toms River schools officials will be available to provide counseling services to students at Cedar Grove Elementary and Saint Joseph's Grade School, where the victim was a student.

Police were seen outside St. Joseph's Tuesday, hours before the victim died.

Mastronardy said that the 4-year-old boy obtained a .22 caliber rifle from inside the residence. The state Division of Youth and Family Services were also called to the scene because there were three other children in the home.

The parents were "nearby" when the incident occurred, the chief said. The mother of the 4-year-old called 911. The 6-year-old was flown to Jersey Shore Medical Center in Neptune with a head injury and was in serious condition as of Tuesday morning, but died in the late afternoon, the chief said. 

Kelaher, as well as Township Council President George Wittmann, told Patch after the regular Township Council meeting that their thoughts are with the families.

"I think it's a terrible tragedy that a 4-year-old boy was able to get a hold of a rifle that was loaded," Wittman said. "I think it's incumbent upon gun owners to keep their firearms in a safe location where they cannot be accessed by children."

"It does behoove everybody who has weapons in the township to make sure they're secure," Kelaher said.

The shooting occurred in the Cedar Grove area of the township, according to Toms River schools Assistant Superintendent James Hauenstein, who received the news during a New Jersey School Boards Association meeting Monday night. 

The children were outside the home when the 4-year-old boy went inside to get the rifle, and then shot the 6-year-old about 15 yards away, the chief said. Mastronardy did not say if the 4-year-old pulled the trigger, or if the rifle accidentally discharged.

The 4-year-old's parents were home at the time, but no names have been released. Authorities were on scene at a McCormick Drive home Monday night and had the yard cordoned off with yellow tape.