A teen in a home with two risk protection orders is facing charges for violating the order after a deadly accidental shooting in his home.
Philip Byrd, 15, is accused of plotting a school shooting. That is how he got a risk protection order against him. Philip’s RPO was put in his parents’ names as he is too young to purchase a firearm, and an RPO’s goal is to keep guns out of the home.
Philip is now facing charges for violating that order 10 months after it was implemented.
Philip’s 18-year-old brother Andrew Byrd is accused of building a ghost gun that killed 17-year-old Destiny Padilla in their home in July. A judge granted an RPO against Andrew Byrd as a result. The mother of the two Byrd teens is also a convicted felon.
The Lee County Sheriff’s Office says they found evidence on Philip’s phone of him holding a gun during a death investigation on July 22 that led them to search his person. They say deputies found a vape pen that tested positive for THC.
Deputies also say the photo was taken in May, after the RPO was signed, preventing him from possessing guns.
The RPO in place is to stop him from buying any guns or ammo, but he also can’t be around them.
According to an LCSO court filing, his older brother Andrew was building guns under the same roof as Phillip.
“If you’re going to own a firearm, you need to be responsible enough to keep it up away from children,” said Samantha Hush, Destiny Padilla’s stepmother.
Deputies say Destiny accidentally shot herself in the face with a ghost gun built by Andrew Byrd, Phillip’s older brother who lives with him and their mother.
“Him being 18, he shouldn’t have a handgun in his possession,” said Josh Padilla, Destiny’s father.
There shouldn’t have been any gun in the house. Carrie Tuller, the boys’ mom, is a convicted felon. It is illegal for her to live in a home with guns.
Destiny’s family is speaking out after her death, shocked that even the laws keeping guns away from this family didn’t save their daughter’s life.
“No parent should have to deal with this. I mean, I gotta ride. I gotta ride around with her picture on the back of my vehicle for the rest of my life now,” said Josh Padilla.
Even Lee County Sheriff Carmine Marceno admitted an RPO isn’t an all-encompassing force to stop someone from getting their hands on a gun.
“RPO’s, obviously, our legal team petitions the court, we work with them, it’s approved, but now we have to physically make contact and make sure we’re taking those firearms. Now. That’s not to say that that person doesn’t access another firearm somewhere else,” Marceno said.
The key to making sure the RPOs work is check-ins with law enforcement. Sheriff Marceno said that’s what his teams do. They stay proactive to continuously watch people and ensure they don’t slip through the cracks.