Indiana father accused of neglect after toddler caught on camera waving a gun has not guilty pleas entered in first court appearance

By Michelle Watson and Kristina Sgueglia, CNN

An Indiana court has entered not guilty pleas for the man who prosecutors say is the father of the child captured on video waving a loaded handgun on the landing at an apartment complex, according to court records.

Shane Osborne, 45, was charged this week with two charges of neglect of a dependent and dangerous control of a firearm after the toddler was seen waving a pistol on video aired by the Reelz series “On Patrol: Live,” during the TV show’s live broadcast Saturday.

During a search of the home, police found a 9mm gun with 15 rounds in its magazine, but no rounds in the gun’s chamber.

CNN has learned he will be assigned a public defender and has reached out to that office for comment.

Police in Beech Grove, about 6 miles southeast of Indianapolis, were responding Saturday to the report of an armed person.

Osborne “explained that he had been ill all day and did not know (the toddler had) left the apartment,” an officer said in a probable cause affidavit.

The toddler is identified in the affidavit as “K.O.”

Osborne let the officers perform a “cursory look throughout” the apartment, according to the affidavit, but police did not find a gun, “in plain view.” Officers left the apartment but were met by a concerned neighbor with security video of the toddler with the gun, the affidavit said.

“The video showed K.O. walking around the upstairs landing of the apartment with a silver and black handgun,” the affidavit said. Officers returned to the apartment where Osborne was staying and questioned him again.

Osborne told police he did not have a gun, “but indicated that a relative may have left one somewhere.”

Officer Rainerio Comia asked K.O., “where he put his ‘pew pew,'” after another apartment search seemed to turn up empty, according to the affidavit.

That’s when K.O. led officers to a roll-top desk where officers found a Smith & Wesson SD9VE, the affidavit said.

Osborne told officers the gun was not his and that it belonged to a cousin “who sometimes left the weapon (there) when he felt mentally unstable,” the affidavit said.

“He did not know the weapon was in the apartment at this time, nor that K.O. knew where it was,” the affidavit said. “He believed K.O. was inside the apartment, playing and watching television. However, he stated that he must have been very asleep, because he did not notice K.O. leave the apartment.”

The boy was left in Osborne’s care because his primary caregiver was sicker than he was, the affidavit said.

As of Thursday night, Osborne had not posted bail, which was set at $60,000 (10% to secure his release) and $500 cash, according to the Marion County clerk’s office and court records.

Osborne has at least seven prior convictions in Indiana, including a felony, and was facing another felony charge at the time of Saturday’s incident, according to prosecutors and court records.

Osborne also signed a non-contact order on Thursday, according to public records. A review of the state’s request shows he is not allowed to be in contact with the child and other individuals.

His next hearing is scheduled for March 1, court records show.

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CNN’s Jean Casarez contributed to this report.