A sergeant with the Kitsap County Sheriff’s Office will not face criminal charges for failing to secure his loaded pistol, which was discovered in possession of his son at a Port Orchard elementary school.

Dan Twomey was suspended for 10 days in 2016 for demonstrating “incredibly poor judgment” when failing to secure a 9mm semiautomatic pistol, which had a loaded magazine and a round in the chamber. The gun was recovered while in possession of his then 8-year-old son at Mullenix Elementary School.

The gun had been placed in a small backpack by Twomey, who planned to take it to the shooting range, reports from a State Patrol investigator say. Twomey did not go to the range and forgot the gun was in the bag, believing that it was back in his safe. Investigators said Twoney later sent the backpack with his son to the school.

A school employee later found the child with an iPad, which she confiscated after saying he was not allowed to have it. She also picked up the backpack when she “realized that it was much heavier than normal.” Upon searching an unzipped pocket, she found the loaded gun still in its holster.

Kitsap County Prosecutor Chad Enright said he declined to file criminal charges due to no state laws being broken as the weapon was not used in commission of a crime.