The shooting took place Monday at a Texas home on Guston Hall Lane in Katy. The 4-year-old victim died at Texas Medical Center Thursday.
The siblings’ uncle, 32-year-old Francisco Lupian, has been charged as a felon in possession of a firearm.
According to the Harris County Sheriff’s Office, Lupian was visiting his sister and her family, and allowed his nephews to handle his Glock handgun.
Court documents stated that the 32-year-old unemployed construction worker had shown the boys how to “charge” the gun by “pulling the slide back.”
Witnesses told the authorities that Lupian had left his loaded gun on top of a dresser in a bedroom next to a spare magazine with six rounds in it.
On Monday, the 4-year-old boy entered the bedroom holding his uncle’s gun, but his older brother took the weapon away from him.
The 9-year-old then allegedly “charged” the weapon, pointed it at his younger brother and pulled the trigger, striking the boy in the head.
The older boy later told detectives that he did not know the gun was loaded, and that he did not think it would fire.
By the time cops arrived, the boys’ parents had taken the 4-year-old to an area hospital. From there, he was airlifted in critical condition to Texas Medical Center, where he died three days later.
Family members have identified the victim on social media as Ryan Jaziel Gomez.
When questioned by cops, Lupian allegedly admitted that the gun used in the shooting belonged to him, and that he knew he was not supposed to have it in his possession because he was convicted of evading arrest, a felony, in August 2012.
Lupian, who is married and has a 7-year-old child, made his initial court appearance Wednesday and a judge set his bond at $100,000.
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