Oly said:
"Was it murder? Can a 10 yr old really know what he is doing in that situation? Should the gun have been accesible? Should someone have been charged?"
Murder, no. The real question is "Should the gun have been accessible", the answer is NO. In Texas, it is against the law to leave a firearm accessible to a child, also against all common sense. I lecture my gun-owning friends with children about locking up their loaded guns, most agree and will get a gun safe or something similar. A few hard headed individuals seem to think it's an infringement of their right, or they think they have intimidated their children enough that they would be too scared of dad's ass-whupping to touch a gun. I grew up with a very strict father that went with the intimidation method, it didn't work, I would unload a gun, play with it, and load it and put it back. He never knew until a year or so ago I was telling him to make sure all his guns were locked up as my children spend alot of time at their house. He went into his rant about teaching kids, blah, blah, blah. I told him about playing with his guns when I was a child despite his threats, he was pissed but went right out and bought a nice safe. I know a few of you are just like good ol' dad. Don't get me wrong, I take my kids shooting and go over gun safety all the time. Am I gonna trust my 7 year old in the house with a cocked & locked 1911 sitting in my nightstand drawer, no. My wife even quit working when we started having kids, but with 3 kids at home, it would be easy for one of them to run back into my room and get a few seconds of unsupervised time (all it takes). I'm not taking any chances when it comes to guns and my kids. Hell I even keep all my poisons & chemicals (household cleaners, etc..) locked up and my swimming pool gated, locked and covered when not in use.