On December 8, 2021, a tragic incident occurred in Rio Rancho, New Mexico, resulting in the death of two-year-old Lincoln Andrew Harmon. The circumstances surrounding his death are deeply troubling and involve a firearm mishap within the family home.
According to the investigation conducted by the Rio Rancho police, Lincoln was accidentally shot and killed by his four-year-old brother.
The incident happened when the older brother managed to access a loaded gun that was kept on the top shelf of a kitchen cabinet. Despite the gun being stored in what was believed to be a secure location, the four-year-old was able to climb onto the counter and retrieve the firearm, which he then fired, fatally wounding his younger brother.
The parents of the children, particularly the father, Jonathan Harmon, who is a Santa Fe police officer, have been at the center of the investigation. However, the New Mexico Attorney General's Office has decided not to pursue criminal charges against the parents. This decision was made after careful consideration by both the previous Attorney General, Hector Balderas, and the current Attorney General, Raúl Torrez. The key factor in this decision was the lack of a specific legal duty at the time of the incident to secure firearms beyond the 'reckless endangerment standard' in the child abuse statute. Although the state now has the Bennie Hargrove Act, which holds gun owners responsible if a child accesses and uses a firearm, this law was not in effect in 2021 and cannot be applied retroactively.
The case has also been marked by a legal battle over public records related to the incident. The city of Rio Rancho initially refused to fulfill public information requests for police reports and 911 calls, citing various legal interpretations. However, a lawsuit filed by the New Mexico Foundation for Open Government and the Santa Fe New Mexican resulted in a court ruling that the city was wrong to withhold these records. The court's decision emphasized that law enforcement records should be available under the Inspection of Public Records Act despite the sensitive nature of the case involving the death of a child.
In summary, the death of Lincoln Andrew Harmon was a tragic accident involving a firearm mishandled by his older brother. The investigation did not lead to any criminal charges against the parents due to the absence of relevant legislation at the time. The case has also highlighted issues of transparency and public access to records, leading to a significant legal ruling in favor of open government advocates.
