HISD: Kindergartner had .380-caliber pistol in pocket
Copyright 2011 Houston Chronicle April 21, 2011, 12:00AM
A 6-year-old boy remained hospitalized in good condition Wednesday while police continued to try to determine how he obtained the handgun that injured him and two classmates in a northeast Houston elementary school cafeteria a day earlier.
Houston ISD officials say the kindergarten student at Ross Elementary had a .380-caliber pistol in his pants pocket during lunchtime Tuesday. The weapon fell to the floor, they said, and discharged a single bullet.
Ross Principal David Terrell said seven adults, including the cafeteria manager, some custodians and teaching assistants, were in the cafeteria around 10:35 a.m. Tuesday when the gun fired. He added that the boy was wearing oversized khaki shorts, which police told him could conceal the small weapon without staff noticing.
Larry Arnold, a director of the Texas Concealed Handgun Association, agreed that the type of gun could have gone unnoticed, depending on the size of the model. His .380-caliber pistol extends from the base of one hand to the middle of his fingers.
"It's small enough to fit in a pocket — unless somebody was looking for it — and not be observed," he said.
Arnold, who has taught handgun classes for 25 years, expressed surprise that the pistol discharged upon hitting the floor.
"You really don't get a lot of guns that will go off if you drop them, particularly with a modern manufacturer," he said. "It'd be a lot more likely somebody tried to catch it or pick it up. I can't say what happened in this case."
The Ross cafeteria has surveillance cameras, which have become part of the Houston Police Department's investigation, said Houston Independent School District spokesman Norm Uhl.
HPD officials have refused to release details of the case, saying only that the investigators were interviewing witnesses and working with HISD and Harris County Child Protective Services.
Mom declines to talk
The boy's mother, who was with him at Texas Children's Hospital Wednesday, declined to be interviewed.
For having a gun on campus, the boy could face a yearlong expulsion to an alternative school, according to HISD policy.
Criminal charges filed in the case, if any, would be against any adults involved in the incident, said the president of the Harris County Criminal Lawyers Association, Nicole DeBorde.
"What will make a difference in this case are the facts on what led to this child getting the gun in his hands," she said.
Depending on findings of the investigation, DeBorde speculated a charge of making a firearm accessible to a child - a Class C misdemeanor, comparable to a traffic ticket - could be applicable.
However, she said if the circumstances surrounding the case are serious enough, prosecutors could accept a charge of endangerment to a child, a state jail felony.
Officials with CPS were charged with looking into the safety of the boy's home. Estella Olguin, CPS spokeswoman, would not disclose details but said agency investigators generally would speak with the child and family members, particularly about gun safety.
CPS did not take custody of the boy.
Two other children wounded during the incident, Khoran Brown, 6, and 5-year-old Za'keyah Thomas, were believed to have been hit by a single bullet or fragments in the legs or feet. Khoran was released from the hospital while Za'keyah remained at Texas Children's in good condition, expected to be released by today, according to hospital officials.
Absences rise
HISD Superintendent Terry Grier called the situation "senseless" and said he was thankful the three students weren't hurt more seriously.
"The disturbing thing is, where did he get the gun and why did he bring it to school?" Grier said, saying he had not yet received answers from police investigators.
In the last five years, Ross has had no other cases of students bringing weapons on campus, according to district data, which excludes the current school year.
HISD reports that only one elementary school, Reynolds, had a gun on campus last year. A fifth-grader said he had found the unloaded gun in a ditch on his way to school, said district spokesman Norm Uhl.
The absentee rate at Ross was higher than usual Wednesday, with about 50 of the 460 students staying home. Some parents had expressed fear about sending their children back to school so soon after the cafeteria turned to chaos.
At least 10 counselors descended on the campus visiting classrooms to observe students and let them express their anxieties.
"I got the sense they felt very safe in school, and they were eager to re-engage in the learning once our talks were over," said Patricia Weger, manager of psychological Services for HISD. "That was a very good sign."
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