Judge to decide Monee man’s fate in child endangerment case

A judge will decide whether a Monee man is guilty of child endangerment and unlawful storage of a firearm in connection with an incident where his 7-year-old son took a rifle from his closet and shot another child during a party in 2018.

Brian Assink, 40, of South Pine Ridge Drive faces misdemeanor charges of endangering the life or health of a child and unlawful storage of a firearm within premises in connection with the incident.

A bench trial was held last week before Judge Victoria Breslan. Breslan was scheduled to render a verdict March 9. Closing arguments in the trial were held Monday.

On July 7, 2018, Will County Sheriff’s deputies responded to Assink’s home after learning of an accidental shooting, sheriff spokeswoman Kathy Hoffmeyer said.

During a party at the home, a 7-year-old boy pulled a .22-caliber Marlin Model 60 rifle out of a closet and it accidentally went off, resulting in a bullet striking a 7-year-old girl in her lower jaw, according to Hoffmeyer. The girl was treated for injuries that were not life threatening, she said.

“Assink stated to deputies that the rifle had been given to him about a week prior to the incident and he believed that the rifle was not loaded when he placed it in the closet,” Hoffmeyer said.

During closing arguments, Will County Assistant State’s Attorney Nicholas Plattos argued that Assink had placed the children in his home in danger when he left the rifle unsecured in his closet and there was nothing to prevent someone from getting inside.

“He knowingly placed that gun in that closet,” Plattos said.

Assink’s attorney, Kip Owen, argued his client didn’t know the rifle was loaded and that he did not willfully and deliberately place children in danger. Owen said Assink had put the gun in his closet out of view and out of reach, and that children were not allowed in the closet.

Owen said that while the case had a “horrible set of facts,” it was not a “criminal set of facts.”

Plattos said that Assink not knowing the gun was loaded did not absolve him of his responsibilities as a gun owner.

Raeann Cox, the victim’s mother, filed a lawsuit against Assink and his wife, Tara Assink, that ended with Cox receiving a $2.1 million settlement, court records show.

Cox’s attorney, James Pullos, said in a motion on the settlement that Cox’s daughter suffered a gunshot wound to the face, mouth and neck.

Cox’s daughter “survived this gunshot wound but suffered traumatic and long-term physical and emotional injuries,” Pullos’ motion said.

Cox’s lawsuit accused the Assinks of negligence. The lawsuit claimed Brian Assink instructed his son on how to use the rifle and let him know how to access it.

The Assinks’ attorneys denied the allegations in Cox’s lawsuit.