doing. it's not like the father had these kids playing russian roulette. you have a father that has a gun for protection hiding it on the fridge. he claims he told the son about it to stay away. the grandfather is babysitting. who is going to convict that guy. >> that's right. the dad says son, let me show you where this gun is. it's in a safe place. don't touch it. does that help or hurt this case? >> it helps. this is a tragedy. and what you do in a tragedy such as this, and the prosecutor is basically laid it out there that it's an issue. and while i agree with you that certainly it's just a misdemeanor, also keep in mind there's an intent that the d.a. can't prove here. if i'm a defense attorney, i. put this man into the grand jury. i'm a reformed gang member. i did the right thing. i testified against a bad guy, put my family in jeopardy.