Attorney seeks acquittal or new trial for Joliet man in connection with son’s death

A defense attorney for a Joliet man convicted of unlawfully storing a handgun that his 2-year-old son grabbed and used to accidentally shoot himself has asked the judge to either grant his client an acquittal or a new trial.

A motion filed last week by attorney Chuck Bretz claimed Will County Judge Chrystel Gavlin erred in finding Vincent Shelby, 39, guilty of the charge of unlawful storage of a Walther .40-caliber pistol within premises. Gavlin has not yet sentenced Shelby, who could face up to 30 days in jail for the offense.

Shelby was charged following a Joliet police investigation of the June 2, 2021, tragic death of his 2-year-old son, Angelo Shelby.

Bretz’s motion is set for a hearing on Friday.

In Gavlin’s ruling, she said she considered the trial testimony, the evidence and the arguments from both parties in the case. She said the facts of the case showed Vincent Shelby left a loaded firearm unsecured on a TV stand about 3 feet high and that he knew or should have known that his son could access the gun.

Bretz claimed in a motion the evidence in the case does not support a finding of guilty.

Bretz said Gavlin misstated the elements of the offense of unlawful storage of a firearm within premises when she said Vincent Shelby knew or had reason to believe his son could access the gun. He said the fact that his son could access the gun was “tragically obvious.”

Instead, the law requires prosecutors to prove Vincent Shelby was consciously aware that his conduct was practically certain to result in his son accessing the gun and shooting himself, Bretz said.

Vincent Shelby’s gun was on a TV stand at his residence hours before his son was there, his child was not tall enough to look the top of the stand to see the gun and there was a 10-second window when Vincent Shelby’s back was turned when his son found an opportunity to grab the gun, Bretz said.

“Under these circumstances, there is no evidence that the defendant had any conscious awareness that the end result of the child tragically shooting himself was practically certain to be caused by the defendant’s conduct,” Bretz said.

Bretz contends that past judicial decisions supports his analysis of what prosecutors were required to prove at trial.

During the trial, Bretz said the incident that led to Angelo’s death was a tragic accident, not a criminal offense.

Will County Assistant State’s Attorney Timothy Cho said Angelo’s death “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 3 feet in height instead of a locked box.

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