A man was arrested Tuesday and charged with a misdemeanor in an accidental shooting that injured a child earlier this month.
Miguel Garcia, 30, was charged with a Class A misdemeanor of Making a Firearm Accessible to a Child. He was arrested in Nacogdoches and booked into jail Tuesday morning.
On Dec. 5, Garcia was at a family cookout at 13,000 block of state Hwy 21 W. Garcia had been shooting a .380 semi-automatic handgun with family members, including a 10-year-old and a 13-year-old boy. Garcia told investigators he set the firearm down on the tailgate of a pickup truck at the home, and that he believed he’d unloaded the firearm before leaving it unattended.
According to the Nacogdoches County Sheriff’s Office, during the cookout, the 10-year-old accidentally discharged a single round from the gun, hitting the 13-year-old in the face, causing serious but non-life-threatening injuries. The teenager was taken to a local hospital and treated.
Authorities report Garcia told investigators he thought he’d ejected the magazine and cleared the chamber of rounds before placing the firearm on the tailgate.
Section 46.13 of the Texas Penal Code states making a firearm accessible to a child is a Class C misdemeanor. The charge can be enhanced to a Class A Misdemeanor if the firearm is discharged and causes serious bodily injury or death.
“It is unlawful to store, transport, or abandon an unsecured firearm in a place where children are likely to be and can obtain access to the firearm,” according to the penal code.
https://www.ksla.com/2021/12/21/nacogdoches-county-deputies-make-arrest-child-shooting/