Child shooting victim identified

May 6, 2011 at 12:06 a.m.

The identity of the 4-year-old boy who was shot and killed by his 5-year-old brother has been confirmed.

Gavin Lee Nichols, of Inez, died after being shot Wednesday night in the stomach by one of his brothers who was playing with a bolt action rifle in the home.

Dawn Weatherford, an employee of Grace Funeral Home, confirmed Gavin was the boy shot on Wednesday.

Victoria County Sheriff T. Michael O'Connor declined to verify the name, saying the boy's name was part of the ongoing investigation.

Sheriff's deputies continue to investigate the case, which happened about 10 p.m. at Gavin's family home on Farm-to-Market Road 444, south of Telferner, O'Connor said.

Investigators are looking into why the boys were left unsupervised by their parents, Lorie and Lowell Nichols.

Under the Texas Penal Code Section 46.13, a person commits a class A misdemeanor of making a firearm accessible to a child if a child gains access to a loaded firearm and the person leaves the firearm accessible to a child under the age of 17.

"That's part of the dynamic of the investigation," O'Connor said of the statute. "We're aware of various statutes on firearms and minors."



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