Woman Jokes With Ten-Year-Old About Taking His Halloween Candy . . . Ten-Year-Old Pulls Handgun On Woman

In Aiken, South Carolina, kids appear to take the trick in trick-and-treating more seriously than the rest of the country. A 10-year-old Aiken trick-or-treater pulled a gun on a woman who joked that she wanted take his candy on Halloween. Police found that his brother, also ten, had his own weapon.

The 28-year-old woman said that she merely joked with a group of 10 or so kids that she wanted their candy when the ten-year-old pulled out a 9 mm handgun and said “no you’re not.” While the clip was not in the gun, he had a fully loaded clip in his possession. His brother had the second gun. Both appear to have belonged to their grandfather.

The children were released to their parents and surprisingly there is no mention of charges against the grandfather. While the guns appear to have been taken without his permission, it shows great negligence in the handling and storage of the guns.

What would be interesting is a torts lawsuit by the woman for assault against grandfather. The actions of third parties often cut off liability as a matter of proximate causation, though courts have held that you can be liable for creating circumstances where crimes or intentional torts are foreseeable. For example, a landlord was held liable in for crimes committed in his building in Kline v. 1500 Massachusetts Avenue. Here the grandfather’s negligence led to the use of the guns by these children. While a lawsuit is unlikely, it would certainly be an interesting — and not unwarranted — claim.

Source: Washington Post