A teenager found the gun in the bathroom and fired it.
COVINGTON, Ga. — A Texas sheriff who left his gun in a Covington Wendy’s bathroom, where a teenager found and fired it, is not facing any charges. That decision has drawn questions and criticism from people on the Covington Police Department’s post addressing the incident.
Authorities said the sheriff was in the bathroom with his 5-year-old grandson who was being “unruly,” saying the sheriff was distracted and left the gun there. The teen then found it and shot it. No one was hurt.
11Alive asked Alcovy Judicial Circuit District Attorney Randy McGinley why no charges were filed.
“Looking at the law in Georgia there’s just not an offense that fits that scenario,” McGinley said.
He also explained why he decided it was not reckless conduct.
“Recklessness means more than just being reckless, I don’t want to say it means more, but … you have to meet the legal definition which again is a conscious disregard,” McGinley said. “That somebody has to knowingly disregard a risk.”
He said it was not conscious disregard in this instance because the gun was not left in the bathroom on purpose. McGinley said he was only told Tony Bennie was a sheriff after he told officers he believed this did not warrant charges.
“A decision not to charge somebody with not sufficient evidence doesn’t mean what they did is OK, just to be clear,” McGinley said.
People have commented on the police department’s post feeling they wouldn’t have had the same legal outcome.
“I understand that sentiment, just understand that we did a full thorough investigation,” said Covington Police Criminal Investigations Lt. Daniel Digby.
Digby said regarding Bennie’s status as sheriff, “none of that was factored into when the DA’s office was consulted, the information regarding the fact that he was a sheriff wasn’t even brought up.”
Heather, who does not want her last name shared due to privacy concerns, was inside the Wendy’s with her children when she said she put their drinks down on the table and then all of a sudden heard a loud bang.
“You’re gonna sit in stunned silence for a second, but my initial reaction was, ‘Oh my God,'” she said.
She ran out to call 911. She said Bennie followed her, told her it was his gun and then spoke to 911 from her phone. In body camera footage, officers on their way to Wendy’s are informed the gun belongs to a member of law enforcement, as expressed by the sheriff during the 911 call.
When officers arrived, Bennie told them it was his gun; they asked Bennie what agency he is with, and he said he was the Sheriff of Grayson County in Texas.
Officers then went inside to speak to the teenager who is with his father.
“When I first saw it I was like shocked, I didn’t expect to see that,” the teen said. “I picked it up to make sure if it was loaded, I don’t know what went through my mind, I hit the trigger. I’m sorry.”
An officer responded, “no problem.”
Police explain that in the future, he should call 911.
The officers then go into the bathroom, Bennie told them, “I’m sorry,” and an officer goes “No, you’re good.”
After exiting the bathroom Bennie told the officers, “Y’all do what you got to do.” He goes on to apologize again.
11Alive News asked the Grayson County Sheriff’s Office for an interview with Sheriff Bennie, the department referred us back to its posted statement. In part the Sheriff said, “I made a mistake. It was unintentional, but it was still a mistake — and one I own fully.”
The Grayson County Sheriff’s Office told 11Alive News Bennie’s firearm was one issued by the agency.