A caregiver from Philadelphia has been sentenced to probation and community service after pleading guilty to unintentionally shooting a 71-year-old man with special needs in Upper Gwynedd Township.
Court records show 27-year-old Kashaan Moses pleaded guilty in September 2022 to one count of misdemeanor simple assault as part of a plea agreement with prosecutors. In exchange for his plea, the more serious felony aggravated assault charge was withdrawn, along with a misdemeanor count of reckless endangerment.
“The DA’s Office approved the plea conditions and I support the DA’s staff’s discretion,” said Upper Gwynedd Township Police Chief David Duffy, following the plea agreement in September. “Of course, if anything changes going forward, we will re-evaluate. This was a particularly tragic case all around.”
Following the plea deal, Montgomery County Common Pleas Judge Risa Ferman sentenced Moses last month to 18 months of probation, along with a $500 fine and 50 hours of community service. Moses — who was facing a maximum of two years in county jail along with a $5,000 fine — was also ordered to surrender his firearms to the district attorney’s office as part of his sentence.
When reached for comment Tuesday morning, Duffy acknowledged that the sentence fell on the lower end of the possible sentencing range.
“Hopefully the terms of probation will be appropriate,” said Duffy.
According to the criminal complaint, police were dispatched to a home along the 600 block of Rosemont Avenue in Upper Gwynedd at 8:03 a.m. on April 10, 2021, for a report of a shooting. Police said the home is operated as a community living and home support site for adults with special needs, and is owned by Jewish Employment and Vocation Services (JEVS).
Upon arrival, police found the caregiver — identified as Moses — flagging them down and directing them to an elderly gunshot wound victim who was seated in a chair in the front room of the home, according to the criminal complaint. The victim was unresponsive and had been struck by a single bullet just below his left eye, police said. The victim was treated on scene by emergency medical personnel, then transported via ambulance to Abington Memorial Hospital and later Thomas Jefferson University Hospital in Philadelphia for treatment.
The report states that in both the 9-1-1 call and statements made at the scene, Moses said the shooting was unintentional.
In an interview with investigators, Moses stated that he arrived at the home at 11 p.m. on April 9, 2021, to begin his overnight shift. Upon arrival, Moses said he brought his newly purchased Glock 17 9mm handgun and holster into the home because he didn’t want to leave the gun in the car overnight and he wanted to adjust the holster, the report states.
The following morning, towards the end of his shift, Moses said he was sitting on the couch watching TV with the victim while also attempting to unload the firearm, the report states. Moses said that as he racked the slide back to ensure that a bullet was not in the chamber, the firearm discharged and struck the victim, according to the complaint.
Moses told investigators that he did not believe that he pulled the trigger, but he could not provide any other viable reason for the discharge, the report states.
As a result of the incident, the victim was hospitalized for a prolonged period, and has since had his left eye surgically removed. The victim also required a stent being placed in his carotid artery and he has suffered both an aneurysm and a stroke, according to the complaint.
Medical staff told police that all of the injuries were a direct result of the shooting. The victim will likely require nursing home care for the remainder of his life, the report states.
Records indicate that Moses obtained a permit to carry a concealed firearm in Philadelphia on Feb. 25, 2021, then purchased the Glock 17 firearm on April 3, 2021. Moses told investigators that he had only shot a gun one time — more than a year prior to the shooting, the report states. Moses added that he had not undergone any firearm safety courses prior to the April 10, 2021, incident, according to the report.
Representatives from JEVS said there were no prior complaints about Moses’ behavior. They also confirmed that there was a “no weapons” policy, which Moses was aware of having signed the form during his employment orientation in April 2014, according to the complaint.
“In my experience, the more a person claims that he or she is capable of safely retaining, storing, and handling a firearm, the less likely that is to be true,” said Duffy, following the initial incident. “My heart goes out to the victim and his family. The injuries suffered by the victim are truly horrible and will seriously affect him for the rest of his life.”
Moses turned himself in on May 19, 2021, at the Upper Gwynedd Police Station. As Moses approached the police department to turn himself in, he was asked by both North Penn Now and NBC 10's Deanna Durante if he had anything to say to the victim or the victim's family, however Moses remained quiet and did not respond to our request for comment.
During a press conference after Moses surrendered, Duffy maintained that he did not believe the shooting was accidental, but instead deemed the incident as “reckless.” Duffy added that should the victim die as a result of the shooting, investigators would pursue upgraded charges against Moses.
When reached for comment Tuesday morning, Duffy reiterated that intent.
“If the victim dies [as a result of injuries sustained in the shooting], we will consult with the District Attorney’s Office regarding possible new charges,” Duffy said.
See also:
Caregiver Accused of Shooting Elderly Man with Special Needs Strikes Plea Deal with Prosecutors
Caregiver Accused of Shooting Elderly Man With Special Needs Charged with Aggravated Assault
Elderly Man Accidentally Shot in Face by Caregiver, District Attorney’s Office to Review Incident
Police on Scene of Shooting in Upper Gwynedd Township, 1 Injured