Michigan Mom’s Gun Storage Law Case Dismissed: Teen Son Shot Himself While Protecting Dogs

This article was originally published from Saginaw and Bay City News’ author Cole Waterman.

SAGINAW, MI — A Michigan mother is no longer facing a criminal charge that stemmed from her 13-year-old son accidentally shooting himself while trying to protect his dogs from coyotes.

Saginaw County Assistant Prosecutor Shellbe A. Sanborn on Friday, March 28, filed paperwork saying she intends to dismiss the case brought against Rachel M. Esckelson, 44.

Prosecutors in late February charged Esckelson with firearms-safe storage violation with a minor present resulting in serious bodily impairment, a 10-year felony. Sanborn reduced that to a five-year charge after a preliminary examination established Esckelson’s son was not permanently maimed.

Sanborn made her decision in response to a brief written by defense attorney Alan A. Crawford.

Crawford argued lawmakers’ intent was to prevent minors from being able to easily access guns with which they could carry out mass shootings. This does not apply to Esckelson’s situation, as her guns were properly locked, her minor son did not have direct access to them, and another adult — the teen’s sister — opened the safe, Crawford argued.

The prosecution misinterpreted the statute’s intended purpose and Esckelson should never have been charged, Crawford wrote.

“There is nothing more horrifying than being charged with a criminal offense,” Crawford said after the prosecution dismissed the case. “This was an unfortunate set of circumstances that were then compounded by the issuance of a baseless criminal charge.”

Esckelson has maintained she was in compliance with the law.

“I hate that she and her family had to go through this process, but it’s over and behind them now,” Crawford said. He went on to thank prosecutors for “acknowledging a mistake here and taking the necessary step to rectify that error by moving for a full dismissal.”

Esckelson’s son testified in a March 18 preliminary examination that he was at his home in the 3000 block of North Towerline Road in Buena Vista Township with his brother and sister the evening of Feb. 8. His mother was at work nearby.

The teen’s 19-year-old sister took their three dogs outside. Moments later, she frantically rushed into his bedroom and told him there were coyotes about, he testified.

The siblings were fearful of what the coyotes would do to their pets, saying they had recently killed one of their family’s chickens.

The teen and his sister testified she used her key to open a locked gun safe. The 13-year-old retrieved a .380 pistol, loaded it, put on a pair of cowboy boots, and walked onto the back porch with his sister.

She led the way with a flashlight, they said.

The boy slipped on ice when he was a few steps from the door and fell to the ground, the gun discharging in the process, he and his sister testified.

The bullet hit the teen’s left leg. His sister used his belt to make a tourniquet and called their mom. Esckelson arrived home from work within a few minutes and drove her son to the hospital.

The teen testified he underwent surgery and had a rod placed in his leg. He no longer feels pain in the limb, has regained about 95% range of motion, and expects to make a full recovery, he said.

The teen also expressed a deep knowledge of firearms, saying he was instructed in them “by a supportive parent” and from watching YouTube videos.

He said the gun safe had two keys, which were always in the possession of his mom or older sister. He could not access the guns without their permission, he said.