The Lubbock 4-year-old accidentally shot in the stomach by his 5-year-old brother Saturday is improving. The boy was listed in fair condition at the hospital Monday, and hospital officials say he is expected to live.
Family members say Justin Jones is a Lubbock Sheriff's Deputy working as jailer and that it was his work-issued gun that the 5-year-old accidentally used to shoot his brother Saturday night around 9:30.
Police say Justin told them he was asleep during the shooting but that his son got the gun off the top shelf of a closet in their home on the 2200 block of 93rd Place. While the Sheriff's Office will not comment until more details are released, they did say the gun typically issued for that position is a .40 caliber Glock.
Justin ran to his father's house a block away carrying the injured boy in his arms because he didn't have a phone to call 911.
As of Monday no charges have been filed, but police say a guardian could face a charge of making a firearm accessibly to a minor.
Child Protective Services, CPS, says they are currently investigating the parents for neglectful supervision and that they've been called twice before on the family.
CPS released this statement:
"Child Protective Services (CPS) is investigating for neglectful supervision.... The family does have prior history with CPS: (1) In March 2009, we investigated with allegations of neglect ruled out, and (2) in January 2011, we investigated again with allegations of neglect 'unable to determine' and allegations of abuse ruled out....Two siblings have been voluntarily placed with relatives."
KCBD NewsChannel 11 will continue to look into both investigations and bring you the latest on the web, on air, and on Facebook.
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