An Indiana court entered not guilty pleas for the man prosecutors say is the father of the boy caught on video waving a loaded handgun on the landing of an apartment complex, court records show.
Shane Osborne, 45, was charged this week with two counts of dangerous and dependent negligent control of a firearm after the boy was seen waving a gun in video broadcast on Reelz’s series “On Patrol: Live”, during the live TV show. broadcast on Saturday.
During a search of the home, police found a 9mm pistol with 15 rounds in its magazine, but no rounds in the pistol’s chamber.
CNN has learned that a public defender will be assigned to him and has contacted that office for comment.
Police in Beech Grove, about 6 miles southeast of Indianapolis, were responding Saturday to a report of an armed person.
Osborne “explained that he had been sick all day and was unaware that (the toddler) had left the apartment,” an officer said in a probable cause affidavit.
The toddler is identified on the affidavit as “KO”
Osborne allowed officers to conduct a “cursory look around” the apartment, according to the affidavit, but police did not find a weapon, “in plain sight.” The officers left the apartment, but were greeted by a concerned neighbor with security video of the young boy with the gun, according to the affidavit.
“Video showed KO walking down the upstairs landing of the apartment with a silver and black handgun,” the affidavit reads. The officers returned to the apartment where Osborne was staying and questioned him again.
Osborne told police he did not have a gun, “but indicated that a relative may have left one somewhere.”
Officer Rainerio Comia asked KO, “where did you put your ‘pew pew,’” after another search of the apartment turned up empty, according to the affidavit.
That’s when KO led officers to a rolltop desk where officers found a Smith & Wesson SD9VE, the affidavit says.
Osborne told officers the gun was not his and belonged to a cousin “who sometimes left the gun (there) when he felt mentally unstable,” the affidavit says.
“He did not know the gun was in the apartment at this time, nor did KO know where it was,” the affidavit says. “He believed that KO was inside the apartment, playing and watching television. However, he said that he must have been very sleepy, because he did not notice that KO left the apartment”.
The boy was placed in Osborne’s care because his primary caregiver was sicker than he was, according to the affidavit.
As of Thursday night, Osborne had not posted bail, which was set at $60,000 (10% to secure his release) and $500 in cash, according to the Marion County Clerk’s office and court records.
Osborne has at least seven prior convictions in Indiana, including one felony, and was facing another felony charge at the time of Saturday’s incident, according to prosecutors and court records.
Osborne also signed a no-contact order Thursday, according to public records. A review of the state’s application shows that he is not allowed to be in contact with the child and others.
His next hearing is scheduled for March 1, court records show.