Texas sheriff won't be charged after leaving gun in Covington Wendy's bathroom

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A general view of a Wendy's restaurant. (Photo by Bruce Bennett/Getty Images)

COVINGTON, Ga. - A Texas sheriff who left his gun unattended inside a metro Atlanta Wendy's bathroom will not face any charges.

Officials say the distracted lawman's actions eventually led to a teen accidentally firing the weapon.

What we know:

According to the Covington Police Department, the situation happened at a fast food restaurant located on the 11100 block of Highway 142.

Investigators say the sheriff went into the restroom with his grandson and removed his holstered firearm from his belt. The man, distracted by the child, left the restroom without retrieving his weapon.

Shortly after the sheriff left the restroom, a 15-year-old went in, found the unsecured weapon, and fired it when handling it.

Thankfully, no one was injured in the incident.

After an investigation, the Newton County District Attorney’s Office decided not to file charges, determining that there was no criminal intent or criminal negligence.

What they're saying:

The Grayson County Sheriff's Office identified the lawman as Sheriff Tony Bennie.

"As someone who has spent his career promoting public safety, I take this incident very seriously," Bennie said. "I made a mistake. It was unintentional, but it was still a mistake - and one I own fully. I am thankful no one was injured, and I hope this serves as a reminder to all gun owners about the importance of constant vigilance, especially around children.

The other side:

Authorities say the incident is a reminder of the importance of responsible firearm handling and storage. 

"Firearms must always remain secure and within the direct control of their owner, especially in public spaces or when children are present. Even a momentary lapse in attention can lead to potentially tragic consequences," the Covington Police Department wrote.