CHULA VISTA, Calif. — A 12-year-old boy who suffered a fatal gunshot wound over the weekend at a South Bay condominium complex appears to have accidentally shot himself with a firearm provided by a friend, authorities said Tuesday.
Chula Vista police said they got a call of a shooting at the Woodland Hills Condominium Complex on Saturday morning shortly after 9 a.m. When they arrived, they found the boy with a gunshot wound on the sidewalk.
Max Mendoza's family was home at the time, and they were the ones who called for help. Medics transported the boy to the hospital and despite performing life-saving measures he died.
Near the scene of the crime, friends wrote, “Long live Max" on a wall.
Max’s mother said she had just registered her son for 7th grade at Hilltop Middle School. He had recently celebrated his promotion from Rogers Elementary School.
Investigators determined that the gun involved in the fatality was brought to the victim's home by a 15-year-old boy who had been invited to spend the night, according to police.
"Sometime during the sleepover, it appears, the victim was given access to the firearm while inside the residence and then accidentally shot himself," according to CVPD Lt. Dan Peak. "The victim was then moved outside by family members, where he was located by officers."
Detectives have questioned the older boy -- whose name is being withheld because he is a juvenile -- and are seeking to ascertain who owns the gun and how the teenager came into possession of it, according to Peak.
Regardless how the gun was obtained, the incident is a tragic reminder to parents to keep guns locked up.
San Diego attorney and legal analyst Dan Eaton said when a child is given access to a gun resulting in great bodily injury or death, the crime can be charged as a felony called “criminal storage of a firearm in the first degree.”
“A person can be subject to a fine of up to $10,000 and imprisonment of as long as three years,” Eaton said.
“It’s not just parents. It's any adult. If you have a firearm in your home and it is reasonably likely that a child is going to have access to that firearm, lock it up. Keep it in a secure place because if you don't, potentially, you could face criminal charges,” said Eaton.
And, Eaton said, the gun does not have to be loaded for criminal charges to be brought.
“If it's an unloaded firearm that is not kept in a locked container or a secure location, and the minor gets it and loads it himself or herself and causes great bodily harm or death, the criminal responsibility is going to be the same,” he said.
While the investigation of the shooting continues, the family grappled with their devastating loss.
“It’s surreal. Who goes home and thinks their 12-year-old brother is gone? He’s only 12. He had so much to live for. He still had his whole life ahead of him,” said the victim's sister, Macy.
The family has set up a GoFundMe account to cover funeral expenses.
The Chula Vista Police Department is continuing the investigation and urges anyone with information to call San Diego County Crime stoppers at 888-580-8477.
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