An Indiana court has pleaded not guilty to the man prosecutors say is the father of the child caught on video brandishing a loaded handgun on the landing at an apartment complex, according to court documents.
Shane Osborne, 45, was charged this week with two counts of neglecting a dependent and dangerous control of a firearm after the toddler was brandished with a handgun in video from the Reelz series “On Patrol: Live” during the live broadcast Saturday .
During a house search, police found a 9mm gun with 15 rounds in the magazine but no rounds in the armory.
CNN has learned that he will be assigned a public defender and has reached out to that office for comment.
Police in Beech Grove, about 6 miles southeast of Indianapolis, responded to a gunman’s report on Saturday.
Osborne “explained that he had been ill all day and was unaware that (the toddler) had left the home,” an official said in a affidavit.
The infant is identified as “KO” in the affidavit
Osborne had officers conduct a “vague look” of the entire home, according to the affidavit, but police did not find a gun “in sight.” Officers exited the home but were gunned down by a concerned neighbor with security video of the toddler, the affidavit said.
“The video showed KO walking around the top landing of the apartment with a silver and black pistol,” the affidavit reads. Officers returned to the home where Osborne was staying and questioned him again.
Osborne told police he did not have a gun, “but indicated a relative may have left one somewhere”.
Officer Rainerio Comia asked KO “where he put his ‘bank'” after another search of the home apparently came up empty, according to the affidavit.
At that point, KO led officers to a rolling table, where officers found a Smith & Wesson SD9VE, the affidavit said.
Osborne told officers the gun did not belong to him and belonged to a cousin “who sometimes left the gun[there]when he felt mentally unstable,” the affidavit said.
“He did not know the gun was in the home at the time, nor did KO know where it was,” the affidavit said. “He believed KO was in the apartment, playing and watching TV. However, he stated that he must have slept a lot since he hadn’t noticed KO leaving the apartment.”
The boy was left in Osborne’s care because his primary caregiver was more ill than he was, the affidavit said.
As of Thursday night, Osborne had not posted bail, which was set at $60,000 (10% to secure his release) and $500 in cash, according to Marion County bureau and court records.
Osborne has at least seven prior convictions in Indiana, including one felony, and was facing another felony charge at the time of Saturday’s incident, according to prosecutors and court records.
Osborne also signed a no-contact order on Thursday, according to public records. A review of the state’s request shows that it must have no contact with the child or anyone else.
His next hearing is scheduled for March 1, court filings show.