A Nacogdoches County resident was booked into the Nacogdoches County Jail on Tuesday (12/21) after being charged with a misdemeanor in an accidental shooting that injured a child earlier this month.

According to a release from the Nacogdoches County Sheriff's Department, 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.

The charge stems from an incident which took place on December 5 in Nacogdoches County.  According to a media release, Garcia was at a family cookout in the 13000 block of State Highway 21 West and had been shooting a .380 semi-automatic handgun with family members, including 10-year-old and 13-year-old boys.

Garcia told investigators that he set the firearm down on the tailgate of a pickup truck at the home, and that he believed he had unloaded the firearm before leaving it unattended. 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.

Garcia told investigators he thought he had 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.


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