Bodycam shows scene at Wendy's after sheriff leaves gun in bathroom, leading to gunfire
A district attorney in Georgia has decided not to press charges against a Texas sheriff after his gun was accidentally fired by a teenager in a Wendy's bathroom in Georgia, as the legal criteria for charges were not met.The incident involved Grayson County, Texas, Sheriff Tony Bennie."I put my drinks down on the table and all of the sudden there's a loud bang. You're going to sit in stunned silence for a second but my initial reaction was, 'Oh my God,'" said one customer who was inside the Wendy's at the time.She ran out to call 911. She said Sheriff Tony Bennie followed her. He told her it was his gun and then spoke to 911 from her phone.Authorities say the sheriff was in the bathroom with his 5-year-old grandson, who was being unruly, was distracted, and left the gun there. The gun was then fired by a 15-year-old. Bennie can be seen in bodycam video telling officers he left his gun in the bathroom."I'm with the Grayson County Sheriff's—I'm the sheriff of Grayson County," Bennie said.No charges were filed.Randy McGinley, Alcovy Judicial Circuit District Attorney, explained, "Looking at the law in Georgia there's not one that fits for that scenario.""Why did you decide it's not reckless conduct?" McGinley was asked."Recklessness, it means more than just being reckless. I don't want to say it means more—you have to meet the legal definition, which again is a conscious disregard that someone has to knowingly disregard a risk," McGinley said, saying since the gun was not left in the bathroom on purpose it's not conscious disregard."I made a mistake. It was unintentional, but it was still a mistake and one I own fully. I thank god that nothing else happened. I apologize. I'm sorry," Bennie said."I think that man should lose his badge. That 15-year-old, thankfully, he made it out of that bathroom with his life," the Wendy's customer said.The Grayson County Sheriff's Office said Bennie's firearm was issued by the agency.
