UPDATE: 2014 Shooting Involving 11-Year-Old Ruled 'Tragic Accide - WBOY - Clarksburg, Morgantown: News, Sports, Weather

UPDATE: 2014 Shooting Involving 11-Year-Old Ruled 'Tragic Accident'

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 UPDATE (4/9 at 1:30 p.m.)

An April 2014 shooting has been ruled a tragic accident, according to a press release from the Preston County Prosecuting Attorney's Office.

According to Preston County Prosecuting Attorney Mel Snyder, there is "no further investigative action that can be taken and no basis for any criminal charges" in the case of an 11-year-old boy being shot in the head while playing with his 13-year-old and 8-year-old brothers.

The 11-year-old survived the incident but did suffer some permanent impairment, Snyder said.

The oldest brother provided a statement to the police stating that the gun discharged accidentally in the bedroom, which he shared with his brothers. The investigation also established that the pistol was purchased lawfully by the father, Ian Ciemania, and was kept in the home for self-defense.

There will be no further investigation.

ORIGINAL:

The special prosecutor for a case involving an April 9 shooting of an 11-year-old Fairmont boy has determined that there is not sufficient evidence to file charges in the case.

At approximately 8 p.m. On April 9, Carter Ciemania, 11, was playing with his 13-year-old brother in their bedroom.  Ciemania suffered from a single gunshot wound to his head from a Ruger LCP .380 caliber automatic pistol.  The boys' mother and two other siblings were home at the time, but in different rooms of the house, said Preston County Prosecuting Attorney Mel Snyder.

"The evidence developed at this time does not support any criminal charges.  Nevertheless, there is additional information that needs to be developed before the investigation can be considered completed," said Snyder.  Snyder said he and Fairmont Police Detective E.P. Hudson will continue to investigate the case.  Once additional evidence is gathered, a final determination will be made about whether any criminal charges would be appropriate.

Marion County Prosecuting Attorney Patrick Wilson recused himself from the case citing a personal relationship with Ciemania.  The Fairmont Mushin Do Karate School, where Wilson teaches, held a fundraiser for Ciemania in June.   Ciemania's family said he sustained a traumatic brain injury, was on a ventilator for 17 days, and had three major brain surgeries after being in PICU for 8 weeks.  Ciemania continues to receive treatment.








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