A 4-year-old child, a gunshot wound, and a home that leaves first responders facing a heartbreaking scene. Well, this is one of those body cam calls that's difficult to watch. >> He's not breathing. Breathe, my baby. Daddy's coming. >> He got my 4-year-old. HE GOT HIM OUT FROM UNDER THE COUCH. >> He's not breathing. >> PLEASE, PLEASE. >> HELLO. >> PLEASE, PLEASE. >> HELLO. >> HE'S STILL BREATHING, come on. >> Okay, okay. Okay. >> There's no way cuz he WENT OFF OVER HERE AND HE'S ALL the way over here. WHY ARE YOU TALKING? PLEASE, SON. >> HEY GUYS. On July 7th, 2018, deputies in Augusta, Georgia, rushed to an apartment after a frantic 911 call involving a 4-year-old boy who'd been seriously injured. At first, it appeared to be a tragic accident, obviously, but as deputies secured the apartment and investigators started looking at the scene, much more disturbing questions began to come up. Well, let's see what the deputies found inside the apartment. >> Hello, hello. >> He got my 4-year-old. HE GOT HIM OUT FROM UNDER THE COUCH. >> HE'S NOT BREATHING. >> PLEASE, PLEASE. >> HELLO. >> PLEASE, PLEASE. >> HELLO. >> He's still breathing, come >> 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. >> Where at? >> HE'S NOT BREATHING. EVERYWHERE. I'LL TELL YOU. >> OKAY, OKAY, OKAY, OKAY. OKAY, I need you to back off of me. >> Please, please, please. Please, don't. Please, SAVE MY SON. PLEASE. >> YOU MEAN IT? >> HE WAS JUST BREATHING. SON, COME ON. BREATHE, BROTHER. >> 3101 dispatch, have Gold Cross step it up. He's still breathing. >> 10-4. >> Look, he's breathing. He's still breathing. >> We We got Gold CROSS COMING. >> THERE'S NO WAY CUZ HE WENT OFF OVER HERE AND HE'S ALL THE WAY OVER HERE. WHY ARE YOU TALKING? PLEASE, SON. >> Um 4-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 from under the couch. >> He got what out from under the couch? >> I looked at the weapon FOR A MINUTE BECAUSE PEOPLE BREAK IN HERE. AND HE GOT IT >> WAIT, WE GOT SOMEBODY COMING. We got him coming. >> COMING. >> HE GOT IT OUT FROM UNDER THE COUCH. HE'S GETTING them out. Escort him. >> WE NEED TO GET HIM OUT OF THE WAY. >> YEAH, he's got to get out OF THE WAY. WE UNDERSTAND. OH MY GOD. YEAH. We're trying, sweetheart. We're trying. Don't Don't Just don't touch him. Put on some clothes. Put on some clothes. IT'S OKAY. WE'RE TRYING TO WE'RE TRYING TO HELP THEM. We're trying to help. I need you to relax right now. He is in He is in great hands right now. All right. We'll find him, man. Don't Don't worry about it. >> This is the moment when everything has to happen at once, right? Officers need to get the child medical help. They need to keep everyone away from the weapon and secure the area so that no one else gets hurt. Well, you can hear the officers trying to keep the parent calm while they look for the child and wait for medical help to arrive. >> Uh-uh. >> I have no idea. >> I know. OH MY GOD. I'M SO SORRY. IT'S OKAY. I KNOW. I KNOW. I KNOW. I HAVE TO STOP. STOP. IT'S OKAY. PLEASE DON'T LET ME DIE. IS HE STILL BREATHING? HE'S GOT TO BE BREATHING. HEY. HEY, THERE'S A THERE'S A 9 IN HERE AND THERE'S A 40. THEY ALL REGISTERED TO HER. >> The what? >> There's a 9 and there's a 40. It It's likely the 40 that WENT OFF. BUT THEY ALL REGISTERED to her. >> Okay. That That part's fine. No, you said it's under the chair? >> No, the the 40 is right I mean, the 9's 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 THAT ONE THAT ONE THE SAFETY'S still on. >> Okay. >> THE 40 DOESN'T HAVE THE 40 DOESN'T HAVE THE SAFETY. YOU KNOW WHAT? WALKING IN, IT JUST WENT THE [ __ ] OFF AND IT SHOULD HAVE BEEN UNDER THAT THING. >> OKAY. >> SO, it's somewhere over in there. >> Over where? >> I know. I KNOW. YEAH. >> JUST STAND HERE AND WAIT TILL THEY GET HERE. >> All right. >> Hold the door. >> Sir. >> Yeah. >> Sir, 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 I believe they've already gone. He is still breathing. He is still breathing. >> Is she breathing? How is the 40 on? >> Wow, what a mess. Poor child, what a tragedy, man. You know, we hear about situations like this far too often. Well, the whole situation is just heartbreaking. That poor child deserves so much better. Based on what we're seeing here, neither adult seems fit to be a parent. >> Is this where y'all found him at, sir? Is this where y'all found him at? Or did y'all move him at all? >> I'm 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. >> UH DON'T JUST DON'T Don't just DON'T MOVE HIM. >> I GOT TO GET A CIGARETTE cuz I'm about to >> That's fine. That's fine. >> I find out someone behind this [ __ ] Hey, you better PC him and take them out of the state, cuz state, country, everything. That's >> 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 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. Like this 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 I know I KNOW I KNOW. YOU NEED TO GET SPECIAL ORDERS LIKE THAT. OH, BABY. OH, BABY. >> 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. >> baby? >> He's That's very lucky, isn't it? >> We'll we'll we'll get y'all to the hospital. >> I don't need help. We're going to go with >> If I got If I got to take you myself, >> Please don't leave >> I'll get y'all to the hospital. >> Please don't leave my >> Please don't leave my baby now. Y'all can talk to me. I'm going to get my wife to the hospital to my son. >> Please don't leave my baby now. >> Look, I'm not nothing new to police. Y'all can put me in handcuffs whatever the hell you want to get her to him. >> Man, it ain't going to be no handcuffs involved. >> my arm. You're not going to hurt me. >> Did you move the other gun? >> I haven't yet. >> The fact that the child is still breathing gives everyone something to hold on to, honestly. And that apartment is a disgusting mess. Poor baby. And the first thing I notice is that neither of them seems to be actually crying, but they're just making a lot of noise and causing even more chaos. >> Okay, I haven't found the There's one in there, but it's the safety's on 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 now. >> 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. We have We have We have one child. >> Well, I have one through marriage. It's his uh sister. Uh >> And she wasn't here today? >> No, no, she stays with her grandma. Uh they're She's related to uh Uh they call him Jojo. He's a police here. So, my little big boy. >> Yeah, yeah, I know I know Jojo. >> He said >> All right, Mr. Officer, just real quick, just give me a rundown of what happened today, man. >> All right. I'm a I'm a uh at rest on the couch. >> All right. >> Mhm. 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 you >> Um okay, okay, say this is the couch right here, right? I check my wife cuz >> He's laying on the couch? >> Yeah, I I I went >> Don't do this. >> Okay. >> I check my wife cuz I see a little bit of blood on her. I'm like, "What the I thought she was hurt cuz she's crying first." My son laying like this. I go to him. I see the hole. >> Uh he he's like okay, this is the couch, there's a little table right here. He's like diagonal to the table right here and he's laying like this. >> Yes, sir, on the floor uh with his face up. I grab it. 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 got you. >> Fight. >> Where was your wife at when you were uh >> You she was laying with me on the bed. >> So, both of y'all were on >> on the couch on the couch. Yes, sir. I'm laying in the hole and she's right there and then I hear a gun noise uh gun noise go off. I'm not stupid. Y'all know what I'm saying? >> I got you. >> I know it's a gun go off, all right. >> What gun is it? >> I the .40. >> It's a .40 caliber? >> .40 does not have a safety on it. Um a Smith & Wesson. >> Smith & Wesson .40? >> Yes, yes, sir. >> Someone smarter than me once said, "No matter how poor you are, you can still keep your home clean." Especially if you don't have a job. What a tragic loss. Uh the biggest question here is how could someone, you know, especially a child, end up shooting someone in the back of the head? >> But it has hollow points in that mother I'm going to say my wife it's they're legally to my wife. She has 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? >> Um it was uh that day it was under the damn uh 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 or I rest and wake up late you feel what I'm saying Saturday this is one Saturday in hell right here. >> Okay, so she says normally kept under the coffee table. >> Well no 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 [ __ ] and lucky that I wouldn't be here cuz I don't play that [ __ ] this is yesterday right yes and tried to step to her she showed him that and goes well you can be introduced to my [ __ ] and supposedly he ran somewhere that way. >> That was right here in the apartment? >> Uh yes sir like right here we normally park right here that's our car um around 2:00 cuz she came to pick me up for uh match yes sir I was playing basketball at match up in the park road by and seen me and him there shooting hoops. They can verify that [ __ ] >> I got you. But once you showed him the gun he left that was it? >> Yeah she showed him he he got scared. >> It's like half his mind. >> That's good then. I got a feeling when we're not going to let them back in the apartment that he's going to nut up. >> Yeah. >> So that's probably why I'm >> Um you probably can do that. >> There ain't no talking to that [ __ ] >> My son is suffering right now. >> Leave the door open leave the door open just AC on though that's what I'm saying. >> I mean screw all that man. >> Can't let you back in the apartment though. >> Uh I understand that. >> All right we'll have to wait over there in the shade all right? Okay. I'm trying I'm trying to get you >> I can't I can't my my mind is worried about my son. >> I understand. I'll tell you what I'm saying yeah you don't go ahead and give me one second one second. >> [ __ ] my my son's got a 40 cal hole in his head but the the the brain splatter don't make no sense. How the [ __ ] this [ __ ] ain't going to be right here when he shoot himself in the head and here 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. Look at that [ __ ] 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 >> Yeah, the house is just as messed up as these two people's minds. It's such a shame, and sadly things like this happen a lot. Just because someone legally owns a firearm doesn't mean that it was stored safely or legally. You know, investigators are going to look at how the gun was stored, who had access to it, and whether any child safety or firearm storage laws apply in that area. And under Georgia criminal codes and child endangerment statutes, leaving a loaded firearm easily accessible to a young child establishes immediate legal grounds for a severe felony murder charges. Yeah, this heartbreaking incident in Richmond County, Georgia, where 4-year-old Justin Fast Jr. suffered a fatal gunshot wound inside a home ties directly into landmark Georgia criminal precedents like State versus Georgia firearm safe storage and child cruelty precedents. Now, in those cases, parents facing criminal charges after a child accessed an unsecured gun argued in court that the shooting was a tragic domestic accident rather than an intentional criminal act. But Georgia appellate courts firmly established under OCGA section 16-5-1 that leaving a loaded firearm within reach of a toddler constitutes criminal negligence amounting to second-degree child cruelty. Furthermore, the courts also established that when a parent is a convicted felon unlawfully possessing a firearm, leaving that weapon accessible resulting in a child's death directly satisfies the statutory elements for second-degree felony murder, holding both caregivers criminally accountable regardless of who pulled the trigger. >> Okay. Yes, 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 mean I told you 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 him know that's all we're doing. She can't get out. She's a person. All right, he said he's cool with that though. He's going to transport her. He's he's uh going to get the car. All right, let me go ahead and finish your cigarette and we He can bring a coffee and I'm going to need a cigarette. Oh, yeah. We're not going to give any information from him, 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 him, okay? We're not We're not against him. I I completely Yeah, yeah, I completely understand where you're coming from. It's just we're trying to do things and try to keep an order and 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 uh we're not going to try to We're not going to keep any information from you, okay? All right. I'm going to put you in cuffs first, okay? >> All right. >> All right. All right, go ahead and turn around. Put your hands behind your back. I'll tell her, okay? Yeah. All right. All right, and then we're going to put you in the back of the car and then I'm going to have her come out here and let you sit down, okay? I know it's a rough situation that's happened, but you'll be able to work it out in court, okay? All right. Yeah, can you hold uh palms together, please? >> Look at me. >> Palms together. >> Can you tell her to >> No, no, the other way. There you go. >> And then let him then tell Jennifer to tell Justin that's my husband. If he doesn't call me in the next hour You know what? I'm supposed to be with my son tomorrow. >> I understand. I understand, but this is what the district attorney wants and this is what the sheriff's office has decided to go with, okay? I'm not trying to keep you away from you 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. >> trying to protect my baby. All the way around it's a bad situation. I understand, trust me this is not something that I want to do, okay? >> An arrest does not mean that someone's been found guilty. It just means that police believe there's enough reason to take the person into custody while the case goes through the court system. Well, the exact charges and evidence will determine what happens next. >> And now my husband's not even able to talk to me. >> You'll be able to you'll be able to talk to him. >> That was a little loose. >> 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 band. >> We'll make sure she gets it. Okay, can I break this across you? Can you hold it? Are you able to hold it? Thank you. >> Can you tell her to please not lose the phone? It's my husband's phone. >> will. Huh? Yeah, I'll pull up there. >> Those kids never stood a chance. You know, absolutely disgusting behavior. This is trash at its worst. This whole situation is horrific, completely unacceptable. If they are found guilty, I hope the court gives them some serious prison sentences based on the evidence and the harm that was caused. On July 10th, 2018, a Richmond County grand jury indicted 27-year-old Justin Winfree Foss Sr. and 24-year-old Shelby in a connection with the death of their 4-year-old son, Justin Winfree 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. Shelby Foss was charged with second-degree murder and second-degree cruelty to children. Shelby later entered a not guilty plea while Justin remained in jail without bond because of his prior felony conviction. In June 2020, Shelby's bond was reduced from $200,000 to $100,000 with conditions that prohibited her from contacting her husband or any minor children while the case continued. Now, there's also an important legal difference between an arrest or indictment and a conviction, right? An indictment means a grand jury found enough basis for the charges to move forward. It doesn't prove by itself that a person committed a crime. The prosecution still has to prove the charges in court and the accused has a right to defend themselves. Well, this type of investigation can involve much more than statements from the people inside the home. You know, investigators may examine the firearm, fingerprints, or other physical evidence, the location of the weapon, medical findings, witness statements, and the condition of the scene. You know, they may also look at whether adults in the home knew the child could access the firearm. Well, the most heartbreaking part is that a four-year-old child was involved. Young children don't understand the danger of a loaded firearm the way adults do, you know? That's why safe storage and keeping firearms completely inaccessible to children can prevent devastating accidents and tragedies. Well, what do you think? Should parents or guardians face serious criminal consequences when a child gains access to a firearm and someone's killed? Let us share your thoughts in the comments below. And don't forget to like and subscribe for more body cam footage and real police encounters. Check out the other body cam videos on your screen. New videos every day, no days off.