ST. LOUIS, Mo. (First Alert 4) - A St. Louis man was acquitted in the accidental shooting death of an 11-year-old.
David Winston, 11, shot himself in the 3100 block of Brantner on June 1, 2023. Prosecutors charged Tracy T. Smith with first-degree fatal child endangerment and first-degree involuntary manslaughter.
Authorities alleged Smith did not have a gun safe or lock and kept the weapon in a purse on the top shelf in the bedroom closet. Smith and Winston’s mother reportedly told investigators that the child often watched television in his bedroom alone and “gets into things” when unsupervised.
Prosecutors said the death was Smith’s fault because he created a substantial risk by storing the gun in an unsecured place accessible to a child with special needs.
Smith’s lawyer told juro