VIRGINIA BEACH, Va. (WAVY) — A grandfather was found guilty in Virginia Beach of child abuse on Monday for an incident involving his 5-year-old grandson.
A judge found 73-year-old Richard Bauserman guilty of felony child abuse in connection with an incident that occurred in November of 2023, where Bauserman’s grandson accidentally shot himself in his right hip.
In court Monday, Bauserman, who listed his address as Rochester, New York, pleaded not guilty to the felony charge of child abuse and neglect, even though he said he agreed with the evidence against him.
Bauserman told police that the victim’s father handed a firearm to him while he retrieved a holster for Bauserman to wear.
Bauserman testified in court that he dropped the loaded magazine out of the gun, but he also noticed that a bullet remained in the chamber. He set the gun down next to him on the sofa with the bullet still in the chamber.
Three children were in the same room at that time.
Bauserman said that, within seconds, his five-year-old grandson leaped across a coffee table, grabbed the gun and accidentally shot himself in the hip.
According to court documents, police found a burn mark on a couch and blood on
an ottoman, along with a bullet hole in the back door that went completely through the door.
Bauserman opted for a bench trial by judge in lieu of a jury trial. Judge Sal Iaquinto said the boy’s accidental shooting of himself was foreseeable and found Bauserman guilty as charged.
The boy’s father took him first to Sentara Leigh Hospital and then he was transferred to CHKD. He recovered from the wound after two days in the hospital.
The Commonwealth’s evidence stated that just moments before the incident, Bauserman and his grandson had been playing with a tactical flashlight that looked very similar to the gun. The child told numerous people afterward that he thought the firearm was the tactical flashlight.
Bauserman had expert knowledge of firearms. He testified he was a firearm safety instructor and had worked with guns for more than 50 years.
Bauserman had no response when questioned by WAVY outside the courthouse following the guilty verdict.
The conviction on felony child abuse and neglect can carry from two to 10 years in prison.
Bauserman has no criminal record. He remains free on bond and his sentencing is set for December.
