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John Price Shooting Background on this case: John Price was shot to death by a nine year old playmate while the two of them, a 13 year old girl and another child played in a private home without adult supervision on Aug. 20, 1998. Carole Price, John's mother, is the current (8/31/01) President of the legislative section of Marylanders Against Handgun Abuse (MAHA, changed to CeaseFireMD) and has previously acted as Maryland Coordinator for the Million Mom March. While normally information about a juvenile offender is not reported, the Prices with the Brady Campaign (the old Handgun Control Inc.) have filed a lawsuit (dated 7/24/2001) which revealed the shooter's name to the public. Information provided by responsible individuals -- some of this material has been confirmed by reports from sources not a party to the legal disputes. The details that are believed correct and confirmed by independent sources are indicated by bold font:
WBFF, FOX channel 45 reporter Jon Liberman gave a
special report
on the John Price shooting on their 8/21/01 10:00 pm news program which is posted in Real Video format under the fair use doctrine. The special report's transcript, produced by FOX channel 45 and posted on their web site (http://www.foxbaltimore.com/news/newsstories.htm), is given at the bottom of this page. This news report confirms only part of the items given below. John Price was shot to death on Aug. 20, 1998 by a 9 year old playmate in the bedroom of the owner of a townhouse (8 Pine Cone Court) where the shooter's father sublet a room.
The 9 year old shooter is Philip Alexander.
Also present was 11 year old Alex Enurah who witnessed the shooting ("Prices sue gun maker, others Seek $6 million in son's killing Gun seller, owner also sued," 7/26/01, Charlie Muth, The Jeffersonian.com).
In addition to the victim, the shooter Philip Alexander, and Alex Enurah, a 13 year old girl was in the house at the time of the shooting.
The owner of the home and the gun involved was Mr. Dennis Danielczyk -- a son of a former Baltimore County Sheriff's deputy. Mr. Danielczyk rented to two other men one of which was Philip Alexander's father.
The terms of the rental agreement with Mr. Danielczyk required that children are not to be in the house unsupervised and that each renter and the owner has his own bedroom and the owner's bedroom was not to be entered by the others.
Philip Alexander was visiting his father who did not have custody of Philip.
Philip Alexander was left unsupervised in the house by his father when the father went to work.
Philip Alexander's father gave him instructions that he was not to permit anyone else in the house when the father left him alone.
Philip Alexander's father was at work when the children entered Mr. Danielczyk's house.
Whenever my children went to people's homes, I always asked questions. Questions like, Do you have permission to be in the home? Are their parent's there? What is the rating of the movie that you want to watch? (Part of Carole Price's speech to the Million Mom's March, 14 May, 2000 taken from the Million Mom March Web site The Brady Center quotes Carole Price as saying, "... John asked if he could go to our neighbor's house to play. I told John to ask if he had permission to go into the home. Philip, the 9-year-old boy who asked John to play, called his dad and received this permission." ( Statement of Carole Price, July 24, 2001, one by her husband and one by their lawyer Daniel R. Vice). John's request for permission to go to the friends house was made while his mother was on the phone talking to a friend. Specifically, Carole Price has said, "I was talking on the phone getting dinner together when in popped my tall, dark, definitely handsome son. Thirteen-year-old Johnboy, as we lovingly called him, sat at the top step of our split-foyer waiting for an answer from me on whether he could go to his friend's home for just a half hour more" in her statement posted on the Million Mom March web site. The gun was a 9mm semi-automatic handgun and was stored unloaded in a drawer in Mr. Danielczyk's bedroom. A magazine for the gun was stored separately from the gun. (Compare the statement by Daniel R. Vice, attorney for the Brady Center.) All four children rummaged through Mr. Danielczyk's belongings in his room. They find the 9mm in a drawer but no magazine. They played with it (including racking the slide) then put it back. They rummaged and trespassed more in the bedroom and found a magazine with bullets. They went back to the gun inserted the magazine and played with it (again racking the slide). They took the magazine out and not realizing there was a bullet in the chamber, Philip Alexander shot John Price. John Price also played with the gun that killed him. (reported in Baltimore Sun, 9/21/98, "Boy, 13, fatally shot while visiting friends White Marsh youth was playing with gun, 3 others when killed," Dail Willis, page 1B) A few months after the accident, Alex Enurah said that the 9-year-old boy had invited some neighborhood friends into the house while no adult was home and showed them the gun and how he could load it. When he heard a car drive up near the house he panicked, Alex said. The boy pulled the magazine clip out of the gun and when he went to put it away accidentally pulled the trigger and was shocked when the gun fired, Alex said. (reported in "Prices sue gun maker, others Seek $6 million in son's killing Gun seller, owner also sued," 7/26/01, Charlie Muth, The Jeffersonian.com) In Maryland it is a crime to store a firearm where it can be accessed by a minor. Yet, Mr. Danielczyk has not been prosecuted because the children were trespassing and Mr. Danielczyk had no reason to expect children to be in his room. The Price Lawsuit The Prices have brought suit
in the Circuit Court of Baltimore City against Ruger, the gun manufacturer; Fallston Gun and Pawn, Inc., the seller of the gun; Dennis Danielczyk, Jr., the
owner of the gun; Larry Alexander, father of the child who shot John Price; and
Philip Alexander, the boy who shot John. The complaint filed provided additional "claims" for this event. Transcript of Ch. 45 Report: It was a shocking tragedy that continues to spark debate and has led to a
major lawsuit. A 13-year-old boy, accidentally shot and killed by a
9-year-old in Baltimore County. Now an exclusive Crime and Justice
investigation, reveals details of exactly what happened that night in 1998.
Jon Leiberman has the story. Carole Price / Victim's Mother: "What happened to our child August 20th was
because of the irresponsibility of many." Who is ultimately responsible for the death of 13-year-old Jonathan Price?
We gathered both public and confidential documents and spoke to several
sources about exactly what happened that summer night three years ago
Monday. Sandra O'Connor / Baltimore County State's Attorney: "They were where they
shouldn't have been." It happened in a townhome in White Marsh, a home rented to three different
people. One was the father of the 9-year-old accused of killing Jonathan
Price. The Baltimore County state's attorney's office investigated this
case. Sandra O'Connor / Baltimore County State's Attorney: "The man who rents to
the other 2 has a gun which he keeps in his bedroom. It is his bedroom, it
is known to both of other renters they are not to enter bedroom. Each renter
has his own bedroom." The nine-year-old didn't live here, but visited his father, who was not the
gun owner. On the day of the shooting the man allowed his son to stay home
alone, if he followed certain rules. Sandra O'Connor / Baltimore County State's Attorney: "The father made the
rules clear, nobody in the house and the rule was clear to everyone each of
these gentleman that had a room. It was their room." But curious kids went inside the home including 13-year-old Jonathan Price. Sandra O'Connor / Baltimore County State's Attorney: "Although the
youngsters have been told no one in the house they go inside then exploring
minds decide to go where they're not supposed to go and they go into the
main renters bedroom and start playing with the gun. They play with the gun,
there is some indication they take the clip out put it back in, the oldest
of the three, which was the girl, says you two boys should leave it alone
before someone gets hurt, and within seconds we have the death." The state's attorney's office decided not to file criminal charges against
anyone because the kids technically trespassed into a private bedroom rented
by someone not even involved with the nine-year-old at all. Sandra O'Connor / Baltimore County State's Attorney: "This man had no
expectation a child would be in his room, in his drawer, where he kept his
gun." Had the gun been found in the room of the nine-year-old suspect's father,
then criminal charges may have been filed because it's generally accepted a
child would be in that room, but in this situation, that is not the case. Del. Donald Murphy / (R) Baltimore County: "What we should have our children
understand is, when they don't what they're told tragedies occur." State Delegate Donald Murphey says he understands the Price family is
grieving, but doesn't think this is an issue strictly about guns. Del. Donald Murphy / (R) Baltimore County: "I can understand the victim's
parents are looking for someone to blame other than themselves and it's sad,
but in many cases, that is who is to blame. From here on out, parents need
to take responsibility for where their kids are and what they do." No one knows that better than Carol Price who just Monday helped launch a
national kids safety campaign outside Johns Hopkins Hospital urging parents
to ask if there are guns in the homes where there children go to play. She
wishes she had asked, but in a townhouse with three renters, even that gets
complicated, with no guarantees. However, the Prices have filed a
six-million-dollar lawsuit against the gun manufacturer, against the gun
owner and the nine-year-old and his father. The lawsuit does acknowledge the
shooting occurred in the bedroom of the gun owner, a mitigating factor in
the criminal case, but possibly not in the lawsuit. They were not allowed to
comment for our report. The family attorney told us, in reference to the shooting - quote- "The
shooter loaded the clip... But a bullet was already in the chamber." As to
whether the children should have been in that section of the house, the
attorney says - quote - "I can't comment on that... That will all come out
at trial." Meantime, sources say police gathered enough evidence the children shouldn't
have been in that part of the house that prosecutors could have gone after
trespassing charges.
Sandra O'Connor / Baltimore County State's Attorney: "Technically could you
say the kids were trespassing, yes, but you already have a tragedy. There
was no malicious intent, these were kids being kids." A tragedy involving children and a gun, unfortunate any way you examine it.
Again, we need to point out, the standard for criminal charges for
prosecutors is different than the standard for a civil case, like the one
the Prices have filed. |
Last Updated on
5/2/08 (for broken links and clarification) by Phil Lee.
Contact pflee at wdn dot com (sorry for being obscure, but
web mail address scavenge programs make this practice necessary).