Gun in boy's death not his family's
A woman sits on the curb as police talk to her while they investigate the scene of an accidental shooting of a young boy near Scripps Poway Parkway in San Diego on Tuesday. Police did not handcuff, but took away the man standing in the background.
(Hayne Palmour IV)
By Pauline Repard
Eric Klyaz. Dingeman Elementary School yearbook photo
A gun used in an accidental shooting that killed a 10-year-old Miramar Ranch boy belonged to his playmate's family, San Diego police said Wednesday.
Eric Klyaz and a 9-year-old neighbor girl were playing with a 9mm pistol in the garage of the girl's condominium on Ivy Hill Drive Tuesday afternoon. The gun went off and a round struck Eric in the chest, fatally wounding him, police said.
"We know they found it in the garage," police homicide Lt. Jorge Duran said. "Both kids were handling it when it went off. It's not conclusive which one pulled the trigger."
He initially said on Tuesday that the boy shot himself.
Duran said the girl was interviewed Wednesday by a therapist, through Rady Children's Hospital, with investigators present to learn more about the shooting.
View the Video 10 year-old boy fatally shot
No one else was in the garage at the time.
The 9-year-old's parents, who are both unemployed, were not home but had left their 14-year-old son in charge, Duran said. Both parents returned later.
Detectives still have to finish their reports on the incident, then will meet with prosecutors to determine whether charges should be filed against the gun owners, Duran said.
"There are several state laws, some fairly new ones, on storage of guns, and negligence," he said. "If you buy a gun now it comes with a lock or you have to purchase one."
U-T San Diego is not naming the parents of the 9-year-old girl because they have not been arrested or charged with a crime.
Eric was a fourth-grader at Dingeman Elementary School in Miramar Ranch. He had attended the school since second grade, San Diego Unified School District spokeswoman Linda Zintz said.
Eric is survived by his parents, Konstantin and Irina Klyaz, and an older brother. Irina Klyaz, a license real estate agent, was reached by phone Wednesday, but she said she did not want to make any comment about her young son.
Duran said Konstantin Klyaz is a civilian government employee.
Dingeman Principal Kimie Lochtefeld sent a letter to parents Tuesday night, saying, "it is with great sorrow that I notify you of the tragic death of one of our 4th grade students, Eric Klyaz."
The district's crisis response team was on campus all day to help staff, students and parents emotionally cope with the tragedy, Zintz said.
"Obviously we are all saddened," Zintz said. "Our hearts and prayers go out to his loved ones."
Zintz said in a letter to parents Wednesday night that the team would be on campus again Thursday.
Police said the shooting happened about 4:15 p.m. at the Ivy Hill condominium complex near Scripps Poway Parkway.
After school let out about 3 p.m., Eric went a few doors from his home to the condo of the 9-year-old girl, whose older brother was in charge of her, police said. The two younger children went to play in the garage, which contained a sofa, boxes and clothing.
Duran said the father of the house had recently returned from working in Las Vegas and had stored his belongings in the garage. He declined to say how the pistol was stored but confirmed it did not have a trigger lock.
Investigators have not yet researched whether the pistol was registered or in whose name, Duran said.
Neighbor Julie Choi said children on the street often played in the garage as a sort of clubhouse.
Eric and the girl started handling the semi-automatic pistol and a single round went off, Duran said. Eric was taken to Rady Children's Hospital, where he died a short time later.
A garage-door repairman and neighbors who heard the shot rushed to where the children were and called 911. Eric's parents came running from their condo, and his father cradled him while others performed CPR, the repairman said.
One neighbor, Paul Gardino, said residents have been wondering how the children got the gun.
"The real issue is safety," Gardino said. "If these kids had been educated on this, I don't think this would have happened. You, as parents, need to go over this stuff with your children. I'm sure this conversation will happen a few times now."
Gardino said if the girl's parents are charged, "two families will be ruined."
Retired San Diego police officer Robert Rex, who teaches a City College adult education firearms class, agreed that gun safety is critical.
"The tragic thing is, it's preventable," Rex said. "If the kids were educated to not touch handguns without a parent around, it wouldn't happen. If you leave a weapon around where a child can get ahold of it, you're criminally liable. The law says it has to be inaccessible to a child.
"A lot of it's common sense. You have to protect children."
10-year-old playing with gun fatally shot
Pauline Repard
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