How is a four-year-old shot like that? He's strong. >> Damn boy, breathe. Breathe for Daddy. Daddy's coming. >> July 7th, 2018, 10:49 a.m., Augusta, Georgia. Deputies rushed to an apartment after a frantic 911 call reported a four-year-old boy had been What first appeared to be a devastating accident would soon uncover a far more troubling story. >> Hello. Hello. >> MY FOUR-YEAR-OLD GOT TO GET OUT OF UNDER THE COUCH. HE'S NOT BREATHING, PLEASE. >> HELLO. >> PLEASE. HE'S STILL BREATHING. >> OKAY. OKAY. OKAY. We got Gold Cross on the way. >> I got who? >> Gold Cross is on the way. Where was he shot at? >> In the head. >> [laughter] >> Where at? >> He's not breathing. Everywhere I look I see >> OKAY. OKAY. OKAY. OKAY. OKAY. I need you to back off of me. >> For real? For real? Please don't. PLEASE SAVE MY SON, PLEASE. >> YOU HEAR ME? >> HE WAS JUST BREATHING. SON, COME ON. BREATHE. >> 3101 dispatch, have Gold Cross step it up. He's still breathing. >> Come on. Look, he's breathing. He just breathed. >> We We got to GO. CROSS COME. >> THERE'S NO WAY CUZ HE WENT UP OVER HERE. HE'S ALL THE WAY OVER HERE. WHY DID HE STOP? PLEASE, SON. SON. >> YEAH. UM, FOUR-YEAR-OLD SHOT HIMSELF in the back of the head or got shot in the back of the head. I haven't quite figured that one out yet. What do you need? What do you need? >> I need to save my son. >> We trying. We trying. We got somebody coming. >> He got it out of under the couch. >> He got what out from underneath the couch? >> It's the weapon for me because people break in. He's still breathing. AND HE GOT IT >> [laughter] >> OKAY. I got him coming. WE GOT SOMEBODY COMING. >> HE GOT IT OUT OF UNDER THE COUCH. >> He's getting them a Escort him. NO. NO. NO. >> YOU DON'T NEED TO GET HIM OUT OF the way. >> Yeah. He's got to get out of the way. >> OF THE WAY. GET OUT OF THE WAY. BRO, DON'T PLAY WITH ME. THAT'S NOT FUNNY. >> WE UNDERSTAND. >> HEY. HEY. HEY. >> GOD DAMN SON, BREATHE. WHAT THE >> OKAY. >> DON'T YOU TALK TO ME LIKE THAT, OLD BOSS. >> LISTEN. HEY, COME ON. WE TRYING. >> TO HELP, OKAY? Just cool down. CALM DOWN. >> [screaming] >> OH MY GOD. >> DON'T TOUCH HIM, MAN. YEAH. We're trying, sweetheart. We're trying. Yeah, don't Just don't touch him. Sit on some clothes. Give him some clothes. IT'S OKAY. WE'RE TRYING TO WE'RE TRYING TO HELP HIM. WE'RE TRYING TO HELP. I need you to relax right there. He's in He's in great hands right now. >> BREATHING LIKE A [ __ ] 4-YEAR-OLD. HEY, the gun's somewhere in this area. >> All right. We'll find him, man. Don't Don't worry about it. >> Hey, whoever came over this, you better put him in I'll go PC everything or both they're going to die. They're going to die. I swear to god. >> I I HAVE NO IDEA. >> [screaming] [screaming] [screaming] >> WHAT? >> THERE'S A NINE AND THERE'S A 40. It It's likely the 40 THAT WENT OFF. THEY'RE ALL REGISTERED TO HER. >> OKAY. That That part's fine. No, you said it's under the chair? >> No, the the to is right I mean, the 9 is right here. >> All right. All right. I got it. >> We We need to take pictures of things before things are moved, okay? Just relax. >> THAT ONE THAT ONE THE SAFETY'S still on. >> Okay. >> THE 40 DOESN'T HAVE A SAFETY. OKAY. THE 40 DOESN'T HAVE THE SAFETY. YOU KNOW WHAT? WALKING IT JUST WENT THE OFF AND IT SHOULD HAVE BEEN UNDER THAT THING. SO, IT'S SOMEWHERE over in there. >> Over where? >> I know. I KNOW. >> [screaming] >> YEAH. >> JUST STAND HERE AND WAIT TILL THEY GET HERE. >> All right. Uh >> Hold the door. [screaming] >> SIR. >> YEAH. >> SIR. Is he Is he Is he still breathing? I NEED TO KNOW. PLEASE, come on. Baby, baby, stay up. >> He He He was. He was. >> IS MY SON STILL BREATHING? >> HE HE WAS. They're I believe they've already gone. He is still breathing. He is still breathing. >> According to investigators, 4-year-old Justin Winthrop Foss Jr. found a handgun that had been hidden beneath the family's couch. The child accidentally fired the weapon, suffering a gunshot wound to the head. Paramedics rushed him to the hospital. >> Is this where y'all found him at, sir? Is this where y'all found him at? >> Yes, sir. >> Or did y'all move him at all? >> I'm laying on the street this right here. Me and her Baby, did you get up? I THAT'S WHAT WOKE ME UP. I HEARD A POP. I HEARD A POP. >> OH, DON'T JUST DON'T >> IT'S all of it. >> Don't Just don't move anything. >> I got to get a cigarette cuz I'm about to >> That's fine. That's fine. >> Baby, baby, it's okay. >> [screaming] >> I found out someone behind this [ __ ] I get a PCM and take them out of the state, cuz state country everything. That's the >> [laughter] >> Have Have y'all had any problems with anybody? >> People has broke in this place. You know you know what I am with my right arm, cuz I know I know what it is. But ain't no one's ever stepped to me directly and it put to this level. That's why I'm saying I don't >> Y'all only heard one shot, though? >> One shot. I mean one shot, but look, this [ __ ] over here here There isn't Like even THAT'S WHAT DON'T MAKE SENSE. AND THE GUNS ARE I DON'T UNDERSTAND HOW THE IT GETS LIKE THAT. AND THEN I I tried to pick him up, right? I see the hole and I put that that thing right on him like that. It's okay. Baby, don't listen to me. I know I KNOW I KNOW >> WHEN I JUST STEPPED IN, THE AMBULANCE IS ALREADY GONE. SO, they're they're He's still breathing. That's They're running emergency down to the the hospital. >> And that's very lucky he's alive. >> We'll We'll get y'all to the hospital. If I got If I got to take you myself I'll get y'all to the hospital. >> Look, I I'm not nothing new to police. Y'all can put me in handcuffs, whatever the hell you want to do. Just get her to him. >> Man, it There going to be no handcuffs involved. Did you move the other gun? Okay, I haven't found the There's one in there, but is the safety zone yet? I haven't found the second one. >> There's So there's two >> There's two guns. One is in that chair. The other one is somewhere in that pile and I'm not moving anything else. >> Underneath him? Okay, then we won't even touch it. >> Yeah. >> We just have to stop anybody from coming in and out. >> Oh my god. >> I've seen some bad stuff in my time. >> Yeah. I mean I I I watched a 10-year-old burn alive. And that's haunted me for a long time. I guess this is the next one. >> Yeah. Do we have Do we have one child? >> Uh well, I have one through marriage. It's his uh sister uh Was she wasn't here today? >> No, no, she stays with her grandma. Uh there she's related to uh Uh they call him Jojo. He's a police here. So Michael Vic >> All right, yeah, yeah, I know Jojo. >> He said >> All right, Mr. Officer, real quick, give me a rundown on what happened today, man. >> All right. I'm a I'm a uh at rest on the couch. All right. >> Uh-huh. >> I hear a pop. I see my son I look at my wife first cuz I see blood on her. I'm like I I check her first, but my son's laying like this. >> Where is your son at when >> Um okay, okay, say this is the couch right here, right? I check my wife cuz I know what >> on the couch? >> Yeah, yeah, I I wake up to this. >> Got you. >> Okay. I check my wife cuz I see a little bit of blood. I'm like what the I thought she She's like cuz she's crying first. My son laying like this. I go to him. I see the hole. >> Where? >> He's laying like Okay, this is the couch. There's a little table right here. He's laying diagonal to the table right here and he's laying like this. >> Yes, sir, on the floor uh with his face up. I grab him. I see the brains coming out. I put that uh deer towel, the whatever the hell color it is. I put it on his head and he's still breathing. I hold his hand. I'm telling him fight, son, fight. >> I I you. >> Fight. >> Where was your wife at when woke up? >> He he he >> was laying with me on the bed. >> So both of you >> On the couch. On the couch. Yes, sir. I'm like in the hole and she's right there and then I hear a gun noise gun noise go off. I'm not stupid. Y'all know what I mean. >> I got you. >> I know it's a gun go off. All right. >> What gun is it? >> It's the 40. >> It's a 40 caliber? >> 40 40 does not have a safety on it. A Smith & Wesson. >> Smith & Wesson 40? >> Yes. Yes, sir. But it has hollow points in that mother [ __ ] You know what I'm saying? My wife it's they're legally to my wife. She has a concealed weapons permit. Y'all can run her ID. I do not know her ID number. They're legally hers. >> Okay. Where is the gun normally kept at? >> It was that day it was under the damn What the hell's the little coffee table like My son was asleep on the couch. My wife might have got up a little early cuz she said something about putting cartoons on it. It was I I rest and wake up late. You know what I'm saying? It's Saturday. This is one Saturday in hell right here. >> Okay. So she says normally kept on the coffee >> coffee table. >> I keep it normally under the couch. But because later that day someone approached my wife. She had the nine on her talking about They go, "Hey, girl." She didn't answer at first and he goes, "Hey, bitch." And luckily that one didn't hear cuz I don't play that [ __ ] Yes, and he tried to step to her and she showed him that and goes, "Well, you can be introduced to my bitch." And supposedly he went somewhere that way. >> That was right here at the apartment? >> Yes, sir. Like right here We normally park right here. That's our parking spot. Around 2:00 cuz she came to pick me up from >> 2:00 in the morning? >> Yes, sir. I was at That's why I matched up with the cop right and seen me and him there shooting the breeze. He can verify that [ __ ] >> I got you. But once she showed him the gun he left. That was it? >> Yeah, she showed him yeah. He got scared. He started backing his [ __ ] >> That's good, then. >> I got a feeling when we knock on let them back in the apartment that he's going to nerd off. Yeah. So that's probably why Um you probably can though. At least he's not going to do anything stupid. >> I swear my son is suffering right now. >> You can't let him back in the apartment though. >> Oh, I understand that. >> All right, how about over there in the shade? All right? >> Okay. >> I'm trying to I'm trying to get you >> I'm being I'm my my mind is worried about my son. >> I understand. >> Hold on one second. My my son has got a 40 cal hole in his head. But the the the brain matter don't make no sense. How do this [ __ ] ain't going to be right here when he shoot his self through the head and hair right here and there's only little [ __ ] right there? Why didn't he shoot on the wall? I know what a gunshot look like, bro. Y'all know what's on my right arm? Y'all know what's all over my body? My uncle being one of them, but >> We can get you a cab right now. >> Okay. Okay. >> Okay. Yeah, that's good. As long as she's We don't want to let her go. >> Yeah, yeah, yeah, yeah. I got you. I got you. >> And uh we'll make sure I'll make sure I'm I'm going to tell him that. I'll tell the crime scene guys cuz I don't want him going in there and all of a sudden he's freaked out. I'll let He can't get out of here first. All right, he said he's cool with that so He's He's going to get the car. You go ahead and finish your cigarette and wait. >> He's going to bring coffee and I'm going to need to sign off. >> Oh, yeah. We're not going to keep any information from her, all right? That's not what we're doing. We're here to investigate what's going on. We're not trying to keep any information from her, okay? We're not We're not against her. >> I No, no, no. I I I completely Yeah, yeah, I completely understand where you're coming from because we're trying to do things and try to keep an order. Especially when you were yelling at the other car, I didn't want you to get into an altercation with that person and and then you got another whole incident on our hands. So, but I understand where you're coming from, okay? So, we're not going to try to We're not going to pursue anything with you, okay? All >> Just days after the shooting, investigators arrested Justin Winthrop Foss Sr. and Shelby Foss. The grieving parents were taken into custody as detectives concluded their investigation, marking a dramatic turn in a case that had begun with what appeared to be a tragic accident. >> We're going to put you in cuffs first, okay? >> All right. >> All right. Go ahead and turn around. Put your hands behind your back. >> I'll tell her, okay? >> Go. All right. All right. And then we're going to put you in the back of the car and I'll bring you up and come out here and let you sit in the car, okay? I know it's rough and situations like this happen, but you'll be able to work it out in court, okay? All right. Yeah. Can I hold Uh palms together, please. >> Look at me. >> Palms together. No, no, the other way. There you go. >> And let him then tell Jennifer to tell Justin it's my wedding You know what? I'm supposed to be with my son tomorrow. >> I understand. I understand, but this is what the district attorney wants, so that's what the sheriff's office has decided to go with, okay? I'm not trying to keep you away from your away from your son or anything like that. >> how am I supposed to be with my son? >> I understand it's a rough situation all the way around, okay? All the way around it's a horrible situation. All the way around it's a bad situation. I understand, okay, honey? Trust me, this is not something that I want to do, okay? >> I know my husband won't be able to talk to me. >> You'll be able to They'll be able to work something out, okay? All right. This way. >> I'll be up there in a minute. >> All right. Take a seat. >> Can you ask her to please don't lose it? It's my wedding ring. >> We'll make sure she gets it. All right. >> I'm going to drape this across you. Can you hold it? Are you going to hold it? Thank you. >> Can you tell her to please ask for the photographs and go? >> I will. Huh? Yeah, I'll pull up there. >> On July 10th, 2018, a Richmond County Grand Jury indicted 27-year-old Justin Winthrop Foss Sr. and 24-year-old Shelby Paige Foss in connection with the death of their 4-year-old son, Justin Winthrop Foss Jr. Justin Foss Sr. was charged with felony murder, second-degree murder, second-degree cruelty to children, and possession of a firearm by a convicted felon. While Shelby Foss was charged with second-degree murder and second-degree cruelty to children. Shelby later entered a not guilty plea, while Justin remained jailed without bond because of his prior felony conviction. In June 2020, Shelby's bond was reduced from $200,000 to $100,000 with conditions prohibiting her from contacting her husband or any minor children as the case continued through the court system.