A Flint father has officially become the first person prosecuted under Michigan’s new safe gun storage law.
Michael Tolbert, 46, entered a no contest plea on September 8th to nine felony charges after his 2-year-old daughter shot herself in the face with his unsecured handgun in February 2024. The child survived but suffered catastrophic injuries, including multiple brain surgeries and the loss of an eye.
Tolbert admitted no contest to second degree child abuse, four counts of felony firearm, being a felon in possession of a firearm and ammunition, lying to police during a violent crime investigation, and failing to safely store his pistol. He is scheduled to be sentenced on October 27 before Judge Khary Hanible.
As of now, there are no public records of a sentencing agreement or plea bargain. Prosecutors have not disclosed any deal and nothing indicates what length of sentence might be recommended. A no contest plea is treated the same as a guilty plea for sentencing purposes.
You’re probably asking how he is the first charged but not the first sentenced. That is because of the complexity of this case and the sheer number of charges. Other cases brought under the law were resolved faster and saw sentencing before Tolbert’s plea was even entered.
Here is what those Michigan cases looked like:
* Karl Robart, a grandfather whose unsecured shotgun killed his 5-year-old grandson, was sentenced to just over three years in prison with parole eligibility after 38 months.
* Theresa Robart, the grandmother in that same case, pleaded no contest to second degree child abuse and avoided prison after the prosecutor declined to recommend incarceration.
* The Gean couple, parents of a 9-year-old boy who shot himself in the hand with an unsecured pistol, received two years of probation, served three days in jail, and were ordered to keep their home firearm-free.
Tolbert’s case, however, carries far higher stakes. Under Michigan’s safe storage law, a defendant can face up to 10 years if a child suffers serious impairment and up to 15 years if a death occurs. Those penalties are before adding on other felony charges. Tolbert pleaded no contest not only to the safe storage violation but also to second degree child abuse and multiple firearm charges.
Because he is a habitual offender, court filings and Associated Press reporting warn he could face a maximum penalty of life in prison. That possibility makes his case stand apart from all prior prosecutions.
Tolbert’s sentencing will now be watched closely across the state. As the first man ever charged under the law, and with a habitual record hanging over him, his punishment will test how harshly Michigan courts apply safe storage when children are left in harm’s way.
