Man Sentenced to 5 Years for Involuntary Manslaughter, Recklessly Handling Firearm in Fatal Shooting of Teenager in 2023

NORFOLK, Va. — Albert James Sutton, 28, was sentenced on Friday to serve five years in prison for involuntary manslaughter and recklessly handling a firearm after he accidentally shot and killed a teenaged boy while showing off his gun to a group of children last year.

On Sept. 3, 2023, Mr. Sutton was temporarily supervising a group of about a dozen children — ranging in age from toddlers to teenagers — inside a home on Wyngate Drive while other adults were out running errands. Mr. Sutton had brought a gun with him and was showing it off to the children inside an upstairs bedroom when he unintentionally pulled the trigger. Mr. Sutton had fired a single round that hit 14-year-old Amir Anthony Burnett in his chest and went through the wall of the bedroom. Mr. Sutton fled the house with the gun while the other children called 911 and tried to help Amir, who was fatally wounded. Norfolk Police arrived shortly thereafter to the house full of unsupervised children and found Amir unresponsive. Efforts to revive Amir were unsuccessful, and he was pronounced dead at Sentara Leigh Hospital after medics transported him.

Investigators quickly identified Mr. Sutton as the suspect, contacted Mr. Sutton, directed him to return to the home, and detained him when he arrived. After being read his Miranda rights, Mr. Sutton admitted to bringing the firearm to the house and showing it off to the children. Mr. Sutton initially tried to blame one of the children for firing the gun, but he eventually confessed to mistakenly firing the gun himself. Mr. Sutton claimed that the gun went off when he was attempting to put it back in his waistband.

In August, Mr. Sutton pleaded guilty as charged to felony reckless handling of a firearm resulting in serious injury and to involuntary manslaughter. There was no plea agreement in this case. Judge Joseph C. Lindsey found Mr. Sutton guilty and set his sentencing hearing in October following the preparation of a pre-sentence report.

Mr. Sutton’s state sentencing guidelines recommended an active prison sentence no longer than three years and one month due to his lack of criminal history. At Mr. Sutton’s sentencing hearing, the Commonwealth argued that the court should impose a longer sentence of five years. Mr. Sutton’s defense counsel argued that Mr. Sutton has been diagnosed with learning disabilities and that he erroneously taught himself via online videos how to handle his firearm before the shooting happened.

On Friday, Judge Lindsey sentenced Mr. Sutton to serve five years in prison and suspended another 10 years on the conditions that Mr. Sutton complete five years of uniform good behavior and three years of supervised probation following his release.

“The death of Amir Burnett was not just a tragic accident; it was also a crime,” said Commonwealth’s Attorney Ramin Fatehi. “The criminal negligence Mr. Sutton engaged in cost a child his life and a family their child, and it caused other children to see a friend die. Had Mr. Sutton stayed and helped his victim, he would likely have received a lighter sentence. Fleeing the scene and leaving another child to call 911 showed that, in that moment where adults are meant to help children in need, Mr. Sutton chose to help himself. I hope that this sentence will offer some closure to Amir’s family. Unfortunately, nothing will bring him back.”

Assistant Commonwealth’s Attorney Keith M. Proctor prosecuted Mr. Sutton’s case, and Norfolk Police Detective David A. Benjamin led the investigation.

###

Aug. 22, 2024

Man Pleads Guilty to Recklessly Handling Firearm, Involuntary Manslaughter After Fatally Shooting Teenager in 2023

NORFOLK, Va. — Albert James Sutton, 27, pleaded guilty on Monday to recklessly handling a firearm and involuntary manslaughter after he accidentally shot and killed a teenaged boy while showing off his gun to a group of children last year.

On Sept. 3, 2023, Mr. Sutton was temporarily supervising a group of about a dozen children — ranging in age from toddlers to teenagers — inside a home on Wyngate Drive while other adults were out running errands. Mr. Sutton had brought a gun with him and was showing it off to the children inside an upstairs bedroom when he unintentionally pulled the trigger. Mr. Sutton had fired a single round that hit 14-year-old Amir Anthony Burnett in his chest and went through the wall of the bedroom. Mr. Sutton fled the house with the gun while the other children called 911 and tried to help Amir, who was fatally wounded. Norfolk Police arrived shortly thereafter to the house full of unsupervised children and found Amir unresponsive. Efforts to revive Amir were unsuccessful, and he was pronounced dead at Sentara Leigh Hospital after medics transported him.

Investigators quickly identified Mr. Sutton as the suspect, contacted Mr. Sutton, directed him to return to the home, and detained him when he arrived. After being read his Miranda rights, Mr. Sutton admitted to bringing the firearm to the house and showing it off to the children. Mr. Sutton initially tried to blame one of the children for firing the gun, but he eventually confessed to mistakenly firing the gun himself. Mr. Sutton claimed that the gun went off when he was attempting to put it back in his waistband.

Mr. Sutton pleaded guilty on Monday as charged to felony reckless handling of a firearm resulting in serious injury and to involuntary manslaughter. There was no plea agreement in this case. Judge Joseph C. Lindsey found Mr. Sutton guilty and set his sentencing hearing on Oct. 25.

“Every gun owner has a legal and moral obligation to handle their guns safely and to protect children from them,” said Commonwealth’s Attorney Ramin Fatehi. “When a gun owner kills another person through their own recklessness, they have committed a criminal homicide, and we will hold them responsible. We extend our continued condolences to the family of this child, and we will seek a sentence for Mr. Sutton that fits his crime.”

Assistant Commonwealth’s Attorney Keith M. Proctor is prosecuting Mr. Sutton’s case on behalf of the Commonwealth, and Norfolk Police Detective David A. Benjamin led the investigation.

###