by KYW's David Madden
The Gloucester County, NJ prosecutor has decided not to pursue criminal charges against a Deptford police officer whose gun misfired last month, the bullet striking the two-year-old son of a fellow officer.
Officer Michael Riggs was cleaning his personal gun along with colleague Wayne Muhlbaier on Muhlbaier’s back patio when the gun went off. The bullet struck Muhlbaier’s two-year-old son, who was hospitalized as a result (see previous story).
Prosecutor Sean Dalton found that Riggs was negligent and had been drinking beer at the time, but says he wasn’t legally drunk and the incident did not rise to the level of criminal behavior.
Riggs remains under suspension while the department considers disciplinary action, which officials decline to discuss. Muhlbaier was expected to return to active duty shortly.
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