It was right before Christmas last year when 12-year-old Nicholas Naumkin was accidentally shot and killed by his young friend as they played in a Wilton home.
Now the boy, who is too young for FOX23 News to identify, has learned he will spend the next two years on probation. He will have to check in with a probation officer and even undergo random drug screenings. The judge also added the extra protection of telling him he is not allowed to handle guns or train with firearms.
A Saratoga County Assistant Attorney says the outcome was a fair one.
"We always believed, or do believe, that this child is not a danger to the community," said Hugh Burke, the Saratoga County Assistant Attorney.
And, given the circumstances, Naumkin's heartbroken family agrees 2 years probation seems fair.
"We were glad to hear that he finally told the truth, something that we knew all along," said Oksana Naumkin, Nicholas' mother, over the phone. "No matter what the outcome is, nothing will bring my son or my dad back."
Oksana's father Oleg Moston was struck and killed while walking on the Northway shortly after Nicholas died.
During the hearing, the judge said that some of the factors considered before the decision were a letter from the Naumkin family, a psychological evaluation of the child, and even statements from the young boy's school.
"There's nothing much that can be said about that other than what the judge recited on the record, which is, he's a normal child, he has a loving relationship with his parents, he's doing well in school," said Jeff Bagnoli, the respondents parents' attorney.
Going forward, Naumkin's family hopes Nicholas' death will eventually save other lives.
"We're just hoping that going forward we could make a difference, and change some laws regarding gun ownership," said Oksana.
The young boy will not be able to appeal this probation sentence. He submitted paperwork through his attorney waiving his right to appeal. The homeowner, the boy's father in this case, also faces charges. He will be in court on endangering the welfare of a child soon. The family's attorney says he expects a judge to rule on his case by the end of the month.
