TOMBALL, Texas (KTRK) — A man has been charged with two felonies after allegedly trying to hide a gun and shell casings when he discovered that his toddler had shot himself in Tomball Thursday morning, according to court documents.
Records show that the toddler’s father, 25-year-old Lucas Nahum Benitez, was charged with deadly conduct involving a discharged firearm, and tampering with or fabricating physical evidence.
Court documents state that the three-year-old’s mother, Bailey Falbo, was lying on the bed in her apartment while the child was on the floor next to her playing with a toy, when she heard a “pop” noise, followed by crying. Falbo and Benitez immediately took him to a nearby hospital, where he was treated for a gunshot wound to the hand, the documents add.
According to the documents, Falbo told officers that she owns a handgun and keeps it in her purse with the safety on, adding that her purse was on the counter that morning, however, when officers searched the apartment, they did not find the purse or gun.
Both parents were present at the hospital when staff members notified the Tomball Police Department about the child’s injury and, shortly after hearing about police involvement, Benitez told Falbo that he was going to turn off the car but never returned, records explain.
Documents further detailed that later that afternoon, hospital staff told officers that a man, identified as Santiago Herrera-Fernandez, came to the hospital with a large purse and a child’s bookbag, claiming that the items belonged to Falbo, and that Benitez had called to ask him for help earlier.
The two met at a CVS, where Benitez gave the bags to Herrera-Fernandez, and told him that he had “tossed” the gun, the documents stated.
Benitez is currently in jail and was expected to appear in court Friday.
This story comes from our news partner ABC13 Houston.