Law enforcement statements said the Grayson County, Texas sheriff left the gun behind as his grandson was being “unruly” and distracted him.
COVINGTON, Ga. — A Texas sheriff will not face charges after he left his gun in a Covington Wendy’s bathroom before a 15-year-old found it and accidentally fired it.
No one was injured in the incident. It happened Saturday at the Wendy’s at 11120 Hwy. 142.
According to a Covington Police Department statement, the sheriff went to the bathroom with his grandson, unholstered the firearm, and then left it behind because the grandson was “reportedly being unruly” and distracted him.
The Grayson County Sheriff’s Office in Texas said in an additional statement that Sheriff Tony Bennie was visiting family in Georgia and left the gun in the restroom because of “distractions.”
Both statements said the 15-year-old later went into the restroom, “discovered the unsecured firearm, and while handling it, the weapon discharged.”
“The Covington Police Department completed a comprehensive investigation and consulted the Newton County District Attorney’s Office regarding potential charges. The District Attorney’s Office advised that there was no criminal intent or criminal negligence, as defined under Georgia law, and therefore no criminal charges would be pursued,” the Covington Police statement said.
The Grayson County Sheriff’s Office said Bennie “expressed deep personal regret” over the incident, and “takes full responsibility for this lapse in judgment.”
“As someone who has spent his career promoting public safety, I take this incident very seriously,” the Texas sheriff said in a statement. “I made a mistake. It was unintentional, but it was still a mistake — and one I own fully. I am thankful no one was injured, and I hope this serves as a reminder to all gun owners about the importance of constant vigilance, especially around children.”
More than a hundred comments were left on the Covington Police Department’s Facebook post with their statement attached as of Saturday evening, many of them questioning why the sheriff wasn’t charged.
“How is there no criminal negligence exactly? I suppose one of the children has to die first? He left a loaded firearm unattended when he knew one child was already messing with it,” one commenter wrote. “Then a second child handles it. Then he blames the first child’s behavior for his fire arm negligence. Unbelievable. Sounds like this sheriff had some privilege extended to him.”
The district attorney in Grayson County, Texas, John Kermit Hill, however defended the sheriff.
“Having known Sheriff Bennie since high school, I know his heart, his dedication, his protection of others, and it is easy for me to understand that the investigation by appropriate authorities found no criminal actions occurred,” the Texas DA wrote. “Without regard to knowing Sheriff Bennie, I suspect that this case was determined by focusing on the facts and circumstances of the situation, as it should have been. Sheriff Bennie has my full support as Grayson County’s Sheriff and I appreciate his transparency and his use of this incident to spread awareness of safety issues with particular reference to firearms. I am thankful that no one was injured and that this matter was resolved and disclosed swiftly.”
Both the Covington Police Department and the Grayson County Sheriff’s Office shared messages about gun safety in their statements.
“This incident serves as a critical reminder of the importance of responsible firearm handling and storage. Firearms must always remain secure and within the direct control of their owner, especially in public spaces or when children are present,” Covington Police said. “Even a momentary lapse in attention can lead to potentially tragic consequences.”