Two Port Orange grandparents have been charged in the 2016 shooting death of their 8-year-old grandson by his 12-year-old brother.

  • Couple charged in 2016 shooting death of 8-year-old grandson
  • 12-year-old got a hold of loaded pistol, accidentally shot brother, police say
  • Cops: Pistol was in unsecured, easily accessible area
  • Investigators said pistol had been reported stolen in 2009

Sabrina Michell Potter, 56, and Robert Wayne Potter, 47, were charged Monday with culpable negligence in allowing a minor access to weapon resulting in injury or death.

According to their charging affidavit, their grandsons were over at their Hudson Lane home on July 15, 2016, staying with them for the summer.

On that date, the couple left the home to travel out of state for Robert's work and had planned to be out of town for the weekend. They left, leaving J'enthen Jackson, 12, and Christopher Scurry, 8, home alone with Sabrina's father, Wesley Mitchell, 79, whom Sabrina said had schizophrenia, but was not violent nor a danger to others. She said he had a feeding tube and a home health nurse who visited when the couple was not home, investigators said.

At about 11:44 a.m., J'enthen got hold of loaded black Skyy CPX-1 9mm semiautomatic pistol from an unlocked filing cabinet in the garage.

He and Christopher went back into the home with the pistol. While he was holding the gun, it discharged, and Christopher was struck in the torso. J'enthen tried to give CPR to him and called for help from a neighbor while calling 911, the affidavit states.

Mitchell, meanwhile, was in a bedroom and had no idea the shooting occurred or that the boy was dying just feet from his bedroom door, police said.

Investigators determined that the pistol was one of several firearms reported stolen from Skyy Industries in South Daytona on Feb. 3, 2009. Robert Potter told investigators he bought the firearm for personal protection from someone in Jacksonville.

In early 2016, Sabrina and Robert Potter had an argument over an alleged affair, according to the affidavit. Angry, Sabrina took the firearm from Robert's work bag and put it in the top drawer of the unlocked filing cabinet drawer in the garage, which was near a refrigerator used for extra food that the family frequently accessed, including the grandchildren. J'enthen said he saw her put the firearm in the cabinet, which was "easily accessible" to children, deputies said.

Investigators also said that Sabrina is a retired firefighter, the Potters had taken a concealed weapons class and there were two other firearms at the home that were properly stored and secured.

The couple were booked into the Volusia County Branch Jail on Tuesday.