On April 17, Florida State University student Phoenix Ikner, the son of a Leon County sheriff’s deputy, allegedly used his stepmother's service revolver to shoot seven people, two of them fatally. The case raises questions about the potential criminal liability of a Florida parent who allows their son or daughter access to weapons in the home. Parents of mass shooters in other states have been charged or convicted of crimes in similar circumstances.

The key question is whether Leon County Sheriff's Deputy Jessica Ikner could face direct charges for the killings. School shooting cases in Michigan and Georgia might shed light on how Florida prosecutors will approach the question. In Michigan, the parents of Oxford High School Ethan Robert Crumbley, age 15, were found guilty of involuntary manslaughter in the shooting deaths of four students in 2021. Prosecutors argued that the parents made a gun accessible to their son and failed to intervene despite his known mental health problems. In Georgia, the father of alleged shooter Colt Gray, age 14, was charged with second-degree murder for buying his son the AR-15-style rifle used in the killing of two students and two teachers, despite the family having been questioned by law enforcement a short time earlier over the son’s online threats to commit a school shooting.

The ongoing investigation of the FSU case will likely uncover more details that will clarify the potential legal ramifications for the stepmother. A central question is how Phoenix accessed the gun and whether Jessica knew he could access it. Florida Statute 790.174 mandates that a firearm must be securely stored to prevent access by a minor. Violation of this statute is a misdemeanor. However, the law defines a minor as a person under 16, whereas Phoenix is 20 years old.

Still another pertinent consideration is whether Jessica knew or should have known that Phoenix had a propensity for violence and whether there were warning signs he would use a gun to shoot someone.

Florida recognizes the crime of manslaughter by culpable negligence, a second degree felony, where the death of a human being results from the defendant engaging in a course of conduct that shows reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare or the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.

As this is a case of first impression regarding culpable criminal negligence by a parent leading to a homicide, criminal defense lawyers, prosecutors and law enforcement will be watching it closely.

If you or a family member has been charged with a crime in Florida, the Law Offices of Tad A. Yates, P.A. is prepared to aggressively advocate for your rights in the courtroom before and at trial. Call 407-608-7777 or contact us online today to schedule a consultation.