Parents of Colorado School Shooter Won't Face Gun Charges

Authorities say there's not enough evidence to charge the parents for allowing access to the weapon used in the attack.

Feb. 4, 2026 at 8:39pm

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The parents of a 16-year-old boy who opened fire at a Colorado high school, wounding two students, will not face any criminal charges, according to the Jefferson County Sheriff's Office. Investigators found the gun, a Smith & Wesson .38 special revolver, was kept in a locked gun safe that the shooter, Desmond Holly, did not have regular access to. Holly killed himself after the shooting at Evergreen High School.

Why it matters

This case highlights the ongoing debate around gun ownership, storage, and liability when firearms are used in crimes, especially involving minors. While the parents were cleared of charges, it raises questions about how to prevent such tragedies and ensure guns are properly secured.

The details

Authorities investigated whether the parents could be charged with allowing access to the gun or improper storage, but found insufficient evidence. The family's lawyer said the gun was a heirloom kept in a locked safe, and Holly must have secretly taken it without his parents' knowledge. Investigators were unable to speak directly with the parents, who only answered questions in writing through their lawyer.

  • The shooting occurred on September 10.
  • Investigators collected DNA samples from the parents under a court order.

The players

Desmond Holly

A 16-year-old boy who opened fire at Evergreen High School, wounding two students before killing himself.

Douglas Richards

The family's lawyer who said the gun was a heirloom kept in a locked safe that Holly must have secretly taken.

Jacki Kelley

A spokesperson for the Jefferson County Sheriff's Office who said investigators believe Holly randomly shot at students.

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What they’re saying

“Its disappearance didn't become apparent until after the tragedy.”

— Douglas Richards, Family Lawyer (The Associated Press)

What’s next

The FBI is handling the investigation into Holly's potential radicalization and will need to respond to records requests for more information on those findings.

The takeaway

This case highlights the ongoing challenges around gun ownership and liability, especially when firearms are accessed by minors. While the parents were cleared of charges, it raises questions about how to better secure guns and prevent such tragedies in the future.