Parents Won't Face Charges in Colorado School Shooting

Lawyer says family believes 16-year-old took 'heirloom' gun from locked safe

Feb. 6, 2026 at 8:39pm

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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 found the gun was a family heirloom kept in a locked safe, and the family's lawyer said they believe the teen secretly took the weapon without his parents' knowledge.

Why it matters

This case highlights the ongoing challenges around gun safety and storage, especially when firearms are passed down as family heirlooms. It also raises questions about how to prevent such tragedies when a troubled youth gains access to a weapon, even in a home where guns are legally owned and stored.

The details

According to investigators, the 16-year-old shooter, Desmond Holly, used a Smith & Wesson .38 special revolver that belonged to his family and was kept in a locked gun safe. The family's lawyer said they believe Holly must have secretly taken the gun from the back of the safe while cleaning other firearms with his father. Authorities did not find any DNA evidence linking the parents to the gun, and decided there was not enough evidence to charge them with allowing access to the weapon or improper storage.

  • The shooting occurred on September 10, 2026 at Evergreen High School.
  • Holly shot himself after the attack and died hours later.
  • The investigation into the parents' potential charges concluded this week.

The players

Desmond Holly

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

Matthew Silverstone

An 18-year-old student who was seriously injured after grappling with Holly during the shooting, suffering gunshot wounds to the head and chest.

Douglas Richards

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

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What they’re saying

“Because the firearm was never used and was not stored with other firearms in the safe, its disappearance was not noticed until after the tragedy.”

— Douglas Richards, Family Lawyer (Denver Post)

What’s next

Investigators will continue to examine Holly's online activity and potential radicalization to determine if any warning signs were missed that could have prevented the attack.

The takeaway

This tragic case underscores the need for even more robust gun storage laws and education to ensure firearms, especially family heirlooms, are kept securely away from those who may misuse them, even in homes where guns are legally owned.