Boy, 3, dies after accidental shooting inside vehicle in Polk County, deputies say

Published October 22, 2026 10:32 PM EDT

A 3-year-old boy died Thursday evening after shooting himself in the face with a handgun inside a vehicle at a Burger King in Bartow, according to the Polk County Sheriff's Office. 

Bartow Burger King shooting

What we know:

According to Sheriff Grady Judd, a family that moved from Connecticut four months ago was attempting to buy dinner at a drive-thru when their credit card declined. Deputies said the father grew distracted while searching for another way to pay.

The Polk County Sheriff’s Office is assisting the Bartow Police Department with an investigation of an incident at the Burger King restaurant where a child died from a gunshot that occurred inside a vehicle, deputies say. [Credit: Polk County Sheriff

PCSO said as he bent over to check his card, he removed a Glock handgun from his waistband and placed it on the vehicle seat.



The 3-year-old child, who was playing in the backseat, grabbed the firearm and pulled the trigger, according to deputies.

Officials said the father heard a loud pop before frantically running around the vehicle, while a bystander called 911. First responders transported the child to Lakeland Regional Health where doctors pronounced him dead at 7:30 p.m.

"This is a horrible tragedy," said Polk County Sheriff Grady Judd, during a news conference late Thursday evening.

Deputies said the child was to turn four years old in four days. 

Florida Legal Process

What we don't know:

Detectives are transferring the investigative information to the State Attorney's Office to evaluate potential charges, though Sheriff Judd noted there is currently no energy for suggesting criminal prosecution. 

"There is a statute — a culpable negligence statute — that makes it a third-degree felony if a child gets a firearm and injures themself or someone else. The law says that we can't take any legal action, if we choose to, for at least seven days, and we have to send the information to the State Attorney's Office. There couldn't be a unilateral arrest if we wanted. We have to discuss it with the State Attorney's Office," the sheriff explained. "But quite frankly, if the investigation concludes according to what we see now, certainly, we would not have any energy at all for suggesting criminal charges."

The Source: The information in this story was gathered from official statements released by the Polk County Sheriff's Office. 

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