ALLENTOWN — The father of the 3-year-old boy killed in a shooting last month has been charged in the death, Lehigh County District Attorney Gavin P. Holihan announced Friday.
Jose Hilario Abreu, 29, is charged with involuntary manslaughter in which the victim is less than 12 years old in the March 28 death of Elijah Abreu Borgen, Holihan said.
Abreu also was charged with two counts of endangering the welfare of children; violating a duty of care which creates a substantial risk of death or serious bodily injury for a child age 6 and younger, Holihan said.
All charges are graded as felonies of the second degree.
Abreu was arraigned Friday by District Judge Ron Manescu and sent to Lehigh County Jail under $250,000 cash bail. His arraignment is scheduled for 1:30 p.m. April 12.Jose Hilario Abreu
Abreu was arraigned Friday by District Judge Ron Manescu and sent to Lehigh County Jail under $250,000 cash bail. His arraignment is scheduled for 1:30 p.m. April 12.
Holihan said that at 11:53 a.m. March 28, Lehigh County 911 Communications Center received a 911 call in which a female said her 3-year-old son grabbed a gun and shot himself in the chest.
The boy was found with life-threatening injuries and was taken to Lehigh Valley Hospital Cedar Crest, where he died, Holihan said.
Lehigh County Coroner Dan Buglio ruled Elijah died from a gunshot wound of the torso and his death was ruled accidental.
Police: Man left gun, tots unattended
The investigation revealed that Abreu had a loaded handgun while in the home with Elijah and a second child, who is 2 years old.
Abreu said he had placed the handgun under the sofa on which the toddlers were sitting and left the room.
The investigation revealed that Abreu had left unattended a Glock 19 semi-automatic handgun that was fully loaded with a live cartridge in the chamber., Lehigh County District Attorney Gavin P. Holihan, in a release
He said that while he was in another room, he heard a loud bang and returned to find Elijah with a gunshot wound to the chest.
The investigation revealed that Abreu had left unattended a Glock 19 semi-automatic handgun that was fully loaded with a live cartridge in the chamber, Holihan said.
Evidence further revealed that when the gun was discharged, it was unholstered and resting atop of a pillow on the couch where both toddlers were sitting, Holihan said.
A rapid gunshot residue test was performed on Elijah after his death and yielded a presumptive positive indication for gunshot residue on his hands.
“This is incredibly devastating for people in Allentown and particularly for parents of children in Allentown."Allentown Mayor Matt Tuerk
The case was investigated by Allentown Police Detectives Joseph Beiner and Harold Bonser as well as the Lehigh County Homicide Task Force, the Lehigh County Coroner’s Office, and the Lehigh County Firearm and Toolmark Laboratory.
Pennsylvania State Police assisted with the arrest of Abreu.
The case will be prosecuted by Chief Deputy District Attorney Sara A. Moyer and Senior Deputy District Attorney Sarah Heimbach.
‘A clear case of irresponsible gun ownership’: Mayor
The case that Lehigh County prosecutors allege against Abreu is “a horrifying story,” Allentown Mayor Matt Tuerk told LehighValleyNews.com on Friday.
“This is incredibly devastating for people in Allentown and particularly for parents of children in Allentown,” Tuerk said. “The compassion that we must extend toward the family is … you can't even think of what it's like to lose a child, particularly in this fashion.”
Lawmakers must continue fighting for gun-safety measures, Tuerk said.
“But all of that legislation also requires that we have people who are responsibly handling guns,” Tuerk said. “This is a clear case of somebody who had no business owning a gun, a clear case of irresponsible gun ownership.”
The mayor implored people to lock up their guns.
“If you have a gun in your possession, you need to do everything you can to make sure that it's safely and securely stored,” he said.
State Rep. Josh Siegel said he supports Holihan's decision to charge Elijah's father for his death.
"We should not tolerate — as a city or society —reckless and negligent handling of firearms especially when they endanger the life of a child," Siegel said. "This was the right call, and I hope it sends a strong message to future parents and saves future lives."
Siegel challenged his colleagues — and parents — to make sure guns are kept away from children.
"These tragedies wouldn’t happen if Pennsylvania had safe-storage and child-access-prevention laws to ensure that guns were properly stored and away from children," he said.
"Be a good parent, a responsible gun owner and store your damn guns responsibly for the sake of your family,” Siegel said.
