OAK HILL, WV (LOOTPRESS) – An 18-year-old Oak Hill man has been charged with child neglect resulting in death following a shooting that killed a juvenile inside a residence on Tuesday, November 3, 2026.
According to a criminal complaint filed in Fayette County Magistrate Court, Gabriel Osorio, 18, of Oak Hill, faces a felony charge of child neglect resulting in death in connection with the incident.
Officers with the Oak Hill Police Department responded to a residence at 400 Third Street at approximately 11:42 a.m. Tuesday after receiving a report of a juvenile suffering from a gunshot wound to the head.
According to the complaint, PFC D.C. Ooten was the first officer to arrive and encountered Osorio outside the residence. Osorio appeared distressed and was calling for help.
Ooten then located a juvenile, identified in this article as Juvenile 1 (the victim), suffering from a serious gunshot wound near the entrance of the residence.
The officer immediately began providing medical assistance while requesting an expedited response from emergency medical services and additional law enforcement.
EMS personnel arrived and transported the victim to Plateau Medical Center.
During a search of the residence, officers located an AR-style rifle lying on top of a bed inside the home.
According to the complaint, Osorio initially told investigators that another juvenile, identified here as Juvenile 2, was responsible for shooting the victim.
Officers subsequently interviewed Osorio after advising him of his Miranda rights.
Osorio told investigators that he had invited three juveniles to the residence, including the victim, Juvenile 2, and a third juvenile, identified here as Juvenile 3.
According to the complaint, Osorio said he was eating in the kitchen when the juveniles arrived. After finishing his meal, he walked into his bedroom and observed Juvenile 2 holding an AR-15-style rifle belonging to him.
Osorio told police that the rifle discharged, striking Juvenile 1.
During a separate interview with Officer S.M. Wilshire, Osorio provided additional details about the events leading up to the shooting.
According to the complaint, Osorio said he was at the residence with his stepmother earlier that day before she left to go to the bank.
The three juveniles subsequently arrived and went into Osorio’s bedroom, where he brought in a speaker so they could listen to music and talk.
Osorio told investigators that Juvenile 2 retrieved a firearm he had purchased a few days earlier from underneath his bed.
According to his statement, Osorio, Juvenile 1, and Juvenile 2 began taking photographs with the firearm. Osorio claimed the rifle initially did not have a magazine inserted and was not loaded.
He told police that the magazine, which contained approximately six rounds of 5.56 mm ammunition, had been stored inside a locked box.
According to the complaint, Osorio said the key to the box was on his dresser and that one of the juveniles had apparently retrieved the key and removed the magazine.
Osorio stated that he took the firearm away from Juvenile 2 and told him not to mess with it.
However, he said Juvenile 2 later retrieved the rifle again.
Shortly afterward, a round was discharged from the firearm, striking Juvenile 1.
Osorio told investigators that he heard the gunshot and saw the victim collapse.
According to the complaint, Juvenile 2 then threw the firearm onto the bed and attempted to flee the residence.
Osorio told investigators that he stopped Juvenile 2 from leaving before returning inside to provide medical assistance and contact emergency services.
Police identified the owner of the residence, who was not home when the shooting occurred.
The criminal complaint was filed by PFC S.M. Crosier of the Oak Hill Police Department. A Fayette County magistrate found probable cause for the felony charge, and court records indicate Osorio was arrested without a warrant.
The complaint identifies Osorio as the person charged with child neglect resulting in death. It does not indicate that any of the juveniles have been charged in connection with the shooting.
The Oak Hill Police Department states that the incident remains under investigation.
He is currently at Southern Regional Jail.
Osorio is presumed innocent unless and until proven guilty in a court of law.
