Matter of Tristan C

In Matter of Tristan C., 595 NYS2d 635 [156 Misc 2d 1007] (Fam.Ct., Kings, 1993), the ten year old Respondent and his best friend were playing with guns which they both believed were not loaded. Respondent's friend directed Respondent to "make believe you're shooting me" which Respondent did by pointing the gun at his friend and pulling the trigger. The gun fired killing Respondent's friend instantly. Respondent was charged with criminally negligent homicide and criminal possession of a weapon in the fourth degree. The impact of the incident upon Respondent was devastating. Respondent suffered from extreme guilt, suicidal thoughts, flashbacks and nightmares. A psychiatrist diagnosed him with posttraumatic stress disorder and depressive disorder. In granting the motion to dismiss, the Court held that "the present juvenile delinquency proceeding by itself has aggravated Respondent's psychological trauma and could well impede his recovery." Tristan C. at 1009.