Man convicted of endangering child in connection with 5-year-old shooting 6-year-old Lawrence boy
photo by: Dylan Lysen/Lawrence Journal-World
A man accused of endangering a child in connection with an August shooting that critically injured a 6-year-old boy was convicted in Douglas County District Court on Wednesday. The 6-year-old was shot by a 5-year-old in the man’s house.
Rashun B. Lewis, 28, pleaded no contest to the charge of aggravated endangering a child, a low-level felony, through a plea agreement with the district attorney’s office. As part of the agreement, Lewis and his counsel, Cooper Overstreet, agreed with the prosecutors to suggest a sentence of 12 months of probation. He also agreed to write a letter of apology to the victim and his family.
Judge Sally Pokorny told Lewis that although both sides had agreed to the sentencing suggestion, she was not bound to follow it when he is sentenced next month. She noted that sentencing for his conviction under state guidelines could include a sentence of between five and 17 months in prison.
However, Pokorny said Overstreet was thorough and likely had correctly determined that Lewis does not have a criminal history that would then require a prison sentence in the case. Additionally, because Lewis is now a convicted felon, he can no longer own a firearm, Pokorny said.
Lewis was originally charged for allowing the boy, Tayshawn Mack Harris, “to be placed in a situation in which the child’s life, body or health is endangered,” according to the charging document in the case.
Tayshawn was shot in the head and flown to Children’s Mercy hospital in critical condition on Aug. 5, but he later stabilized, the Journal-World previously reported. Lawrence police said early in the investigation that they did not suspect foul play.
photo by: Contributed Photos
Family members of Tayshawn previously told the Journal-World that he was visiting the home of longtime family friends when the incident occurred. According to the police affidavit supporting Lewis’ charge, Lewis’ wife, Charon Dillon, told investigators that her 5-year-old son and Tayshawn were playing in a different room and must have found Lewis’ gun.
Lewis reportedly told police he heard a gunshot, ran into the couple’s bedroom and found the two boys underneath the bed. When Tayshawn stood up, he started bleeding from his head, according to the affidavit.
On Aug. 10, the 5-year-old reportedly told juvenile investigators that he found the gun in his parents’ room while he was looking for his whistle. The boy said he pointed the gun at the wall, “pushed the button,” heard a loud bang and saw Tayshawn fall off the bed, according to the affidavit.
Two days later, investigators were able to speak with Tayshawn at the hospital. He reportedly told police that the 5-year-old boy had found the gun, and Tayshawn told him to put it down; instead, the boy pointed the gun at Tayshawn and shot him, Tayshawn said, according to the affidavit.
Investigators searching Lewis’ apartment after the incident found a .25-caliber semiautomatic handgun inside a tub of clothing in the bedroom. Lewis told officers he’d put it there, according to the affidavit.
Related coverage
• Dec. 4, 2020: Man charged with endangering child in connection with shooting that injured 6-year-old Lawrence boy
• Oct. 8, 2020: Man facing endangerment charge after Lawrence boy shot, critically injured
• Aug. 14, 2020: Recovery of Lawrence boy who was shot is ‘a miracle,’ his mother says, but still a long road ahead
• Aug. 8, 2020: Lawrence boy was shot in the head at friend’s home, mother says; he’s still in critical condition
• Aug. 6, 2020: Child shot in Lawrence is in critical but stable condition, police say
• Aug. 6, 2020: Lawrence police: Child shot, seriously injured; no foul play suspected
Contact Dylan Lysen
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