Docs: Uncle previously showed 9-year-old how to pull gun’s slide before accidental shooting of 4-year-old

Charges now filed against uncle after 4-year-old critically injured

Francisco Lupian, 32 (Harris County Sheriff's Office)

HARRIS COUNTY, Texas – The uncle of a 4-year-old boy who was accidentally shot is facing charges after a 9-year-old found his gun inside a home near Katy.

Francisco Javier Lupian, 32, is charged with possession of a firearm by a convicted felon.

According to Sheriff Ed Gonzalez, Lupian was visiting his 4-year-old nephew and several other people at a home in the 22300 block of Guston Hall Lane near Gorki Park Drive.

RELATED: 4-year-old boy accidentally shot by 9-year-old who found family member’s gun near Katy, HCSO says

Lupian allegedly possessed a small-caliber handgun and had left it somewhere around the home, unsecured. At some point, deputies said the 9-year-old boy found the gun somewhere in the home and pointed the handgun at the 4-year-old, striking him in the head.

The family did not call 911, but instead, the child was transported to Memorial Hermann in Katy in a private vehicle and then airlifted via Life Flight to Memorial Hermann in Texas Medical Center. He remains in critical condition.

Court documents revealed that Lupian had previously shown his 9-year-old nephew how to pull the gun’s slide prior to the accidental shooting.

According to the Texas Department of Public Safety, Lupian was previously arrested for evading arrest, a 3rd degree felony, in Gonzales County.

He is due in district court on Wednesday morning.

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A graduate of the University of Houston-Downtown, Ana moved to H-Town from sunny southern California in 2015. In 2020, she joined the KPRC 2 digital team as an intern. Ana is a self-proclaimed coffee connoisseur, a catmom of 2, and an aquarium enthusiast. In her spare time, she's an avid video gamer and loves to travel.