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Phoenix Child Abuse Involving Guns

On Behalf of / Friday, 03 March 2017 / Published in assault, battery, Homicide, Pedestrian Accident, Wrongful Death

Phoenix Boy Shot by Two Year Old Brother

I’ll never quite understand how kids can get enough alone time to kill each other. Where were their parents? Why were the guns not locked up? Why did they kids not know that they were dangerous? If they did know they were dangerous why did they feel comfortable enough to go into your room and get the guns. I’m for guns but I’m definitely for striker gun laws. Of course you never know what could happen until your in that situation.

Sadly a nine year old little boy shot and killed by his two year old little brother. The parents of the boys have now been arrested and are both now facing charges for their suspected roles in the incident.

According to the Phoenix police, they were working to confirm the details of the situation. The children’s twenty-eight year old mother, Wendy Lavarnia worked with the investigators.

Phoenix Police Investigate Toddler Being Shot

The Phoenix police confirmed that the nine year old was Landen Lavarnia. He died at the hospital after being on life support since Monday. This was after his two year old little brother shot him in the head.

Lavarnia was booked for investigation of four counts of child abuse. According to the reports her bond was set at $25,000. Her thirty-one year old husband, Kansas Lavarnia reportedly had a felony record. He was arrested for suspicion of illegally possessing a firearm. Police are still investigating, it’s unclear if Kansas was at home at the time of the shooting.

Child Shot

To continue on with that tragic story, Phoenix police arrived to the scene around 3 p.m. that Monday. According to the reports the home was located near 35th and Rosewood avenues. When they got to the scene I’m sure it was something none of them wanted to see, they saw that the older boy was shot once in the head.

Wendy had told the authorities that she had placed the 9mm pistol (unholstered and loaded) onto the master bed, which was next to her two year old and four year old sons. According to Wendy the two year old picked up the gun and then fired it, hitting the nine year in the head as he innocently played his video games just a few feet away.

She also said that the gun didn’t have an “safety” on it. She often let the two year old practice pulling the trigger when the gun was unloaded. Not the safest toy to allow your two year old to play with lady.

Neighbor’s Statement:

It’s tragic… If that happened here, I would die. It would be devastating beyond belief. It’s devastating just having it next door.

The neighbor said that the husband, Kansas was a hard worker that he drove a large crane truck back and forth from Nevada to Arizona. Other neighbors also called him a nice guy.

Neighbors say they never saw the nine year old little boy but would often see the toddler outside in his diaper running around. Which is odd, why wouldn’t all the kids be outside together? Out of all the time of them living there the neighbors never seeing a nine year old kid outside is a bit odd.

Phoenix Manslaughter Lawyer

At the Phoenix based Offices of Criminal Defense Lawyers PLLC, we have defended many clients charged with a violent crime, including murder charges and other high-level violent crimes. We can provide the strong defense you need if you have been charged with voluntary manslaughter or involuntary manslaughter.

If you discovered your spouse in bed with a lover and as a result killed your spouse in a sudden rage, you may have been charged with first-degree murder. However, you may only be guilty of voluntary manslaughter, an offense that carries a maximum prison sentence of 11 years, as opposed to a life sentence.

Manslaughter is defined as the unlawful killing of a human being without malice. The term malice is used in a highly technical sense and does not simply imply a feeling of anger.

 

Types of Manslaughter Defenses

If you have been charged with murder and the evidence is stacked against you to show that you did unlawfully kill another person, seeking a conviction to the lesser charge of voluntary manslaughter may make a significant difference in your case.

To effectively raise such a defense, you must be able to establish that you were provoked, that a reasonable person in such a situation might be similarly provoked to kill, and that you did not have sufficient time to cool off and further contemplate your actions. If retained as your counsel, we will thoroughly investigate the facts of your case to determine which defense strategy gives you the best opportunity to protect your freedom.

 

Types of Manslaughter Cases in Phoenix

In the state of Arizona, you may be charged with involuntary manslaughter under two separate circumstances:

  • If you committed a crime (other than a felony) and unintentionally caused the

death of another person.

  • If you were engaged in a lawful act that might cause death and acted without

“due caution and circumspection.”

 

Manslaughter Conviction and Sentencing

A conviction for involuntary manslaughter carries a maximum sentence of four years imprisonment. If you caused the unintentional death of another person and you were not committing a crime, it is not sufficient for the prosecution to allege that you made a mistake. The phrase “without due cause and circumspection” implies something more than a simple mistake. Our Phoenix Attorneys can raise a number of issues and defenses on your behalf to raise the strong defense you need. A plea to a lesser offense or a plea that allows you to avoid a criminal conviction may be possible depending on the facts of your case. If you choose to fight your charges at trial, we have the skilled trial lawyers to aggressively defend your rights in the courtroom.

Schedule a Free Consultation – Phoenix Manslaughter Lawyer

If you or someone you know has been accused of a Violent Crime such as Manslaughter, contact a Phoenix Criminal Defense Lawyer Today to Schedule a Free Consultation. With a wealth of expertise, a commitment to integrity and a passion for defense, the Attorneys at Criminal Defense Lawyers PLLC – Phoenix Criminal Defense Lawyers – are here to support you with your case. We believe every defendant has the right to a solid defense.

 

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me