HARRIS COUNTY, Texas — The uncle of a 4-year-old boy who was shot in the head by his 9-year-old brother has been charged in connection with the tragedy.
Francisco Lupian, 32, is charged with felon in possession of a firearm, a third-degree felony. Investigators said he brought the gun into his sister's Katy-area house and even showed the kids how to use it.
What happened
On Monday, Harris County Sheriff's Office deputies responded to a scene in the 22300 block of Guston Hall Lane, which is near the intersection of North Mason and Morton roads, after receiving reports that a child had been shot.
When they arrived, they found out that the 4-year-old boy's parents took him to an area hospital after he was shot in the head by his 9-year-old brother.
From that hospital, the boy was taken to another hospital, via Life Flight, in critical condition.
The boy's parents were then taken back to the house where the shooting happened in order to be questioned along with several other family members who were there at the time.
Witness interviews
Witnesses told authorities that the victim was shot by his 9-year-old brother with the gun Lupian had brought inside the home and left on a dresser next to the bed he slept in the night before. Investigators said it was a black Glock that was found loaded with five live rounds. Another magazine was found near the gun with six live rounds.
According to court records, Lupian had shown the boys the gun and had also let them handle it. Witnesses said Lupian had shown them how to "charge" the weapon by "pulling the slide back."
Witnesses said the 4-year-old entered the bedroom holding the gun and his 9-year-old brother took it away from him. The older brother "charged" the gun and then pointed it at his younger brother and pulled the trigger, striking him in the head, according to the court.
The older brother told authorities that he didn't know the gun was loaded and didn't think it would fire.
Lupian's background
Authorities said Lupian doesn't live at the house and he had stayed overnight to visit family members.
According to court records, he admitted that the gun was his and he got it from a family friend about a year ago. Investigators said he told them he knew he wasn't supposed to have it due to his previous criminal history.
According to the court, Lupian is a United States citizen and has lived in the Houston area for the past four years with his wife and 7-year-old child.
He has been unemployed for about a month but previously worked in construction for several years.
His bond was set at $100,000 and he's set to formally go before a judge on Wednesday morning.