Man takes plea deal in shooting death of 8-year-old

Plea deal in shooting death of Andre O'Neal

LOUISVILLE, Ky. (WHAS11) -- Elgin Anders’ attorney tells WHAS11 that his client has entered a guilty plea in the shooting death of 8-year-old Andre O’Neal.

Questions remain surrounding what happened the night the little boy was killed in January 2016.

Anders has entered a guilty plea of reckless homicide in the case. Anders in a police interview tells a detective, “I seen the blood coming out and I said oh no little bro he's bleeding, I guess he's hit and it was coming from out of his arm so I'm guessing he was hit in his arm and so I carry him out to the car and lift his arm up and I see the bullet hole.”

Detectives say Anders and a woman drove the child to the hospital themselves after the shooting. The child died a short time later.

Anders adds, “Like I said, the gun was in my pocket, I picked it up to put it up and it slipped out my hand. It was a mag and it had the hammer in the back and you cock it back like that and that and then all you heard was POW. I was in shock and I just stood there and I seen Little Andre get up and run and I'm thinking everything is fine but then he just dropped.”

There is a discrepancy over the Smith and Wesson 357 magnum Anders admits having but accidentally dropping. Here’s an exchange between the detective and Anders:

Anders: "My brother told me about them, he said when you drop them because I dropped them before..
Detective: no they don't
Anders: he said bro..if you drop them they are going to go off."
Detective: no they don't.
Anders: when I dropped it on the back of the chamber it was POW
Detective: no they don't.
Anders: okay well I don't know but I know I didn't pull the trigger, I would never do that to any child because I'm a father.”

Kentucky State Police records obtained by the WHAS11 I-Team revealed the weapon was functional and cannot go off by just dropping it-which Anders stated in his testimony.

Prosecutors have recommended two years in prison or four years on probation for Anders who is already on home incarceration.

Anders’ attorney declined to go on camera but sent his statement: “Mr. Anders and his family again express deep remorse on this most unfortunate and tragic event.”

Anders will be sentenced on September 12.

 

© 2017 WHAS-TV


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