Judge to decide fate of Joliet man charged with unlawful gun storage that led to son’s death

A Will County judge plans to rule on July 29 whether a Joliet man is guilty of unlawfully storing his .40-caliber pistol that his 2-year-old son used to fatally shoot himself in the head with.

On Thursday, both sides rested and made closing arguments in the bench trial against Vincent Shelby, 39, who stands charged with the misdemeanor offense of unlawful storage of firearm within premises.

Shelby was charged with knowingly storing or leaving his Walther pistol inside of his Eastern Avenue residence on June 2, 2021 while either knowing or having reason to believe his son Angelo Shelby would likely gain access to the weapon. The charge was filed following a Joliet police investigation of the incident.

Judge Chrystel Gavlin said she plans to make a decision in the case on July 29.

In closing arguments, Will County Assistant State’s Attorney Timothy Cho said Angelo Shelby’s death was a tragedy that “could have been 100% prevented” if not for the careless actions of his father.

Cho said Vincent Shelby had placed the gun on a TV stand that was about three feet in height instead of a locked box.

“He placed that gun on a stand he knew Angelo could reach,” Cho said.

Vincent Shelby’s attorney, Chuck Bretz, said the charge filed against his client requires prosecutors to prove his client had knowledge that his conduct was practically certain to result in great bodily harm or death to his child. Bretz said prosecutors did not prove that.

Bretz pointed to how the manner of Angelo Shelby’s death was classified as an accident by the Will County Coroner’s Office.

“That’s what this was. The coroner got it right,” Bretz said.

Cho said the state only has to show that Vincent Shelby would know or have reason to believe that his son was likely to gain access to the gun if he placed it on a TV stand the child could reach. He said the father was aware of storing guns in locked boxes and indicated to police he had firearm training.

Cho said Angelo Shelby’s actions were accidental, not his father’s, which were “actions of convenience.”