ALLENTOWN, Pa. — An Allentown man on Tuesday was sentenced to 18-to-60 months in state prison for the death of his 3-year-old son, who shot himself with an unattended gun.
Jose Hilario Abreu, 29, was sentenced by Judge Robert L. Steinberg in Lehigh County Court.
The child, Elijah Abreu Borgen, shot himself in the torso on March 28 after finding Abreu’s Glock 19 semi-automatic handgun unholstered and resting on a couch pillow in the home where the incident occurred, according to police.
According to Lehigh County District Attorney Gavin P. Holihan, the gun was easily within reach of Elijah and his 2-year-old sister, Isabella, while Abreu sat on the couch with both at 943 E. Hamilton St.
“He left the room for a brief second to grab his laundry and heard a shot.”Attorney Steven Richard Mills, who represented Abreu
The district attorney said the gun was fully loaded with a live cartridge in the chamber.
After shooting himself, the child, with life-threatening injuries, was taken to Lehigh Valley Hospital-Cedar Crest, where he died, authorities said
“Jose was visiting, not living there,” said attorney Steven Richard Mills, who represented Abreu. “He and the children’s mother were not married, but were in a long-term relationship.
“Jose slept on the couch and the gun was there, as he was going to take it with him that morning when a friend picked him up.
“He left the room for a brief second to grab his laundry and heard a shot.”
Abreu rushed to the couch to find Elijah with a gunshot wound to the chest.
A subsequent forensic test for gun residue confirmed the child fired the handgun.
‘Really wasn't thinking, your honor'
Abreu in December pleaded guilty to involuntary manslaughter and endangering the welfare of a child under age 12.
After the sentence was rendered and Abreu was placed in handcuffs by county sheriffs, a distraught Abreu family member cried out.
Steinberg added 30 months to the plea agreement sentence of 18-to-30 months.
"What were you thinking?"Judge Robert L. Steinberg, to defendant Jose Hilario Abreu
As Abreu sat beside his attorney, Steinberg admonished him for his reckless behavior regarding the weapon.
“What were you thinking?” he asked. “What were you thinking placing a loaded handgun either between the [couch] cushions or under a cushion, or whatever the case may be?
“Why not carry the gun in your pocket, or put it in the car — anywhere but where children could get it.
“I can’t understand the thinking here. What were you thinking?”
Abreu replied, “I really wasn’t thinking, your honor.”
Prosecuting the case was Sara A. Moyer, Lehigh County chief deputy district attorney, and Sarah Heimbach, county senior deputy district attorney.
“The extreme negligence is beyond the pale, of Mr. Abreu in his negligence,” Heimbach said.
“The Commonwealth would also like to point out that a second bright, beautiful child was inches away. Not only has a child died, but a family has been broken apart.”
Before sentencing, Mills identified March 28 as “the worst day of Mr. Abreu’s life.”
“He will never be the same,” Mills said. “He has PTSD. He needs help. He knows his son would be alive if not for that decision. But he’s always taken full responsibility.
"Nobody is going to punish him more than himself.”
Steinberg told Abreu the only way he will ever recover from this is to end his self-exile and embrace his family again.
“You can’t turn back the clock,” Steinberg told him, “but you can be redeemed.”
