3-year-old dies after accidentally shooting himself with father’s gun outside Burger King

Polk County Sheriff Grady Judd held a press conference about the deadly shooting on Thursday. (Source: Polk County Sheriff's Office)
Published: Oct. 23, 2026 at 6:00 PM CDT|Updated: 30 minutes ago

BARTOW, Fla. (Gray News) — Florida authorities say a young child died following a shooting outside a Burger King Thursday evening.

According to the Polk County Sheriff’s Office, the shooting occurred at a Burger King on East Van Fleet Drive when a father and his 3-year-old son went to the drive-thru to get food.

However, while attempting to pay, Polk County Sheriff Grady Judd said that the father was having trouble with his credit card.

Judd continued, saying the father then parked the car to check why the card wasn’t working. During this time, he was bending over, and he removed a gun that was in his waistband because it began to cause him discomfort.

According to Judd, the child, who was in the backseat of the vehicle, got hold of the gun while the father was distracted by dealing with the credit card.

The child was playing with the firearm before accidentally shooting himself in the face, Judd said.

The 3-year-old was rushed to an area hospital, but he did not survive.

Judd described what happened as a “horrible tragedy.” He stated that no arrests were immediately made nor were any charges filed.

The sheriff noted that Florida has a statute regarding culpable negligence when leaving a loaded firearm within reach of a minor results in injury or death. This would be a third-degree felony.

The Polk County State Attorney’s Office is also said to be reviewing the case to determine whether criminal charges would be filed.