HARRIS COUNTY, Texas – The uncle of a 4-year-old boy who was accidentally shot will serve 96 more days behind bars after a 9-year-old found his gun inside a home near Katy.
The uncle of a 4-year-old child who was accidentally shot by his gun has been sentenced after entering a guilty plea, according to court documents.
On Wednesday, 32-year-old Francisco Javier Lupian was told he had to serve a total of one year in jail, with 269 days credit.
That means Lupian has 96 days remaining behind bars.
Lupian pled guilty to a firearm accessible to a child. He is currently serving his time inside of a county jail.
Here’s what happened
Back on May 1, 2021, authorities say 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 and pulled the trigger, striking the 4-year-old in the head.
Allegedly, 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.
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.