Two similar gun tragedies involving children, why different criminal outcomes?

MILWAUKEE (WITI) -- In two different incidents, children got their hands on guns belonging to a family member and pulled the trigger, critically injuring themselves. Two similar gun tragedies with very different criminal outcomes, FOX6 explains why one of the relatives is not being charged.

The decision comes as some relief for the family of 3-year-old Kevin Donald.

"That was a little burden up off her," said Jane Triplett, grandmother of the victim.

Triplett is thankful her daughter will not face any charges after leaving her gun inside the glove compartment of the car.

Triplett says accidents can happen.

Like Kevin Donald got his hands on the weapon while his mother was taking a TV into the house. According to the District Attorney's Office, Kevin's mother is not being held responsible for the shooting incident because she did not 'intentionally contribute' to the neglect of little Kevin.

The D.A. released a statement that the mom believed she locked the doors to her car after removing the television. At the time, Kevin was not present near the vehicle and the mother was under the impression that another relative was watching her son.

"We didn't know our grandbaby played in the car," said Triplett.

Furthermore, officials say there is no evidence that the mother's placement of her firearm in the glove compartment of her car was practically certain to contribute to the neglect of Kevin.

The report also goes on to say it is unclear whether the relative taking care of Kevin while the mom was away was still responsible for watching the child once the mother came home, or whether that person believed the mom was supervising Kevin once she returned to the residence.

"It's not easy for any of us," said Triplett.

As for the case involving a 4-year-old, the child's grandmother is charged with leaving and storing a loaded firearm near a child. Smith had the gun in a shoe box underneath a bed in a bedroom where children were playing on the night of the shooting.