Parents of Colorado school shooter won't face gun charges, sheriff's office says

Investigators found the gun used in the attack was kept in a locked safe and the parents' DNA was not on the weapon.

Feb. 5, 2026 at 12:55am

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The parents of a 16-year-old boy who wounded two students at a Colorado high school with an old revolver will not face any criminal charges, authorities said. Investigators looked into whether the parents could be charged for allowing access to the gun or not storing it safely, but decided there was not enough evidence. The family's lawyer said the gun, a family heirloom, was kept in a locked safe and the teen must have secretly taken it without his parents' knowledge.

Why it matters

This case highlights the ongoing debate around gun ownership, storage, and responsibility, especially when a gun is used in a school shooting. It also raises questions about how to prevent such tragedies and hold parents accountable when their children access firearms, even if the parents claim the guns were properly secured.

The details

Investigators found the Smith & Wesson .38 special revolver used in the attack was kept stored near the back of a large, locked gun safe that the 16-year-old shooter, Desmond Holly, only had brief access to when it was opened by his father. The family's lawyer said Holly must have secretly taken the gun, which was never used before, from the safe. Investigators were not able to find the parents' DNA on the gun after getting a court order to collect samples.

  • The shooting occurred on September 10.
  • Investigators announced the decision not to charge the parents on February 5, 2026.

The players

Desmond Holly

A 16-year-old boy who wounded two students at a Colorado high school before killing himself.

Douglas Richards

The family's lawyer, who said the gun used in the attack was a family heirloom kept in a locked safe.

Jacki Kelley

A spokesperson for the Jefferson County Sheriff's Office, which investigated the case.

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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 still investigating Desmond Holly's online activity and potential radicalization, and may release more information through a records request.

The takeaway

This case highlights the ongoing challenges around gun ownership and responsibility, especially when firearms are accessed by minors and used in school shootings. It underscores the need for better gun storage laws and education to prevent such tragedies, while also raising questions about how to hold parents accountable when their children commit these acts.