Uncle sentenced after 9-year-old allegedly used his gun to shoot his 4-year-old nephew inside Katy area home

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

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.

About the Author:

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.