Children and Guns: Finding Inconsistent Justice in Wisconsin

BriOnna Givens purchased her gun with a clear intention. The Milwaukee woman wanted to protect herself and her children. Givens had been threatened and felt a firearm would be her only safeguard. But in a tragic twist, her young son was playing near the mattress where she kept the loaded weapon, and accidentally discharged the gun. He shot himself in the hand and would recover, but legal, professional, and personal consequences left his mother’s life unrecognizable. John Diedrich, an investigative reporter for the Milwaukee Journal Sentinel, joined Maggie Daun, host of The Maggie Daun Show to share what he’s learned after spending the better part of two years examining these types of cases. 

“In Milwaukee, gun ownership often stems from fear and self-defense,” Diedrich explains. “Suggestions like storing a gun unloaded and separate from ammunition are met with skepticism or outright dismissal. Biometric safes, a potential middle ground for safety and accessibility, are underutilized due to cost and a lack of awareness.”

LISTEN to the complete discussion here:

Diedrich tells Daun he found 190 unintentional firearm incidents over eight years in Wisconsin. And his reporting reveals the troubling inconsistencies. Milwaukee County charges 98% of its cases as felonies. But others often use the state’s 1991 child access prevention law. It treats the conduct as a misdemeanor. Critics argue this disparity unfairly targets Milwaukee’s predominantly African-American population and exacerbates existing inequalities.

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Read the entire investigative report by John Diedrich here.

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Deputy District Attorney Matthew Torbenson defends the approach of his office by citing the severity of these cases. 

“These are preventable tragedies,” Torbenson says. “Charging as a felony emphasizes the seriousness of leaving a loaded, unsecured weapon accessible to children.” 

However, research cited in Diedrich’s article questions whether harsher penalties make a difference. He also tells Daun he uncovered a cultural divide during his investigation. 65 cases have been charged in Milwaukee County during the last eight years. And the majority involved African-American defendants. Torbenson acknowledges the disparity but frames his work as advocacy for the child victims, who are also overwhelmingly African-American.

Diedrich’s reporting calls for a better understanding around unintentional shootings and the aftermath. 

“These aren’t easy cases,” he says. “Each one is emotionally complex, legally murky, and morally fraught. But understanding the real-world impact on families is essential for crafting fair and effective policies. What happened to Givens is just one example.”

Meanwhile, the consequences have devastated Givens. Once a nurse, her career ended after the felony charge and legal proceedings. And despite pleading to a lesser charge, without a job, she lost her home. She is now starting from scratch in the effort to rebuild her life.