First person on the docket again is
going to be Francisco Aviet lupiani
Mr Lupiani. You're charged with
felon in possession of a weapon.
This is a third degree felony.
Miss Green, I did not have.
The opportunity to read this case.
OK, yes, be applying an officer
stated that on Monday, May 2nd, 2022.
The officer was assigned as
the on call investigator.
For the child abuse unit.
Of the Harris County Sheriff's Office.
The officer received a call out notification.
Everplans to a shot 4 year old male.
Who will be referred to as the victim
and for the purpose of this summary?
The officer was a was informed
that the victim was accidentally
shot in the head at a residence
within Harris County, Texas.
Sergeant Tribbitt advised that
the victims parents immediately
transported the victim from
the residents to the hospital.
The officer was informed.
Body hospital that the victim
was in critical condition
and would be life flighted.
To another hospital.
The officer was informed.
Their patrol units that
transport the parents back to
the residents for questioning.
The absolute about though informed
that several other family members
at the residents. Were questioned.
The officer traveled to the residence
for further investigation and spoke
with a deputy who advised the officer.
That several of the family members
informed him that the victim
was shot inside of the residence
by his nine year old brother.
And the firearm that was used
in the shooting belonged to
the victims maternal uncle,
later identified as impressive.
So Lucian.
The defendant, the firearm,
was later located inside of the
residence and in a bedroom where the
defendant had spent the previous night.
The firearm was observed to be a small
black semi automatic pistol Glock 42.
The firearm was located with two magazines.
One inside the firearm with Five
Live rounds and the other outside of
the firearm with six glide rounds.
While I've been me, officer interviewed
the victims, 9 year old brother.
Refer to as the witness.
The witness advised that
prior to the incident,
the victim entered his bedroom.
Holding the defendant's firearm
in his hand and described the
firearm as a small black pistol.
The witness stated that the defendant
has previously showed him the firearm
and allowed him to handle it.
And that he immediately took the
firearm away from the victim and
charged it by pulling the fly back to
the witness advised that the defendant
previously taught him how to charge
it when showing him the firearm.
The witness advised that after
he charged the firearm,
he pointed it at the victim
and pulled the trigger.
The witness advised that the firearm
immediately fired a bullet and
it struck the victim in the head.
The witness stated that he did not
expect the firearm to fire when
he pulled the trigger and did not
know the firearm was loaded loaded.
Criminal history search was conducted
with the defendant information and
revealed that he was previously
convicted for the third degree felony
offense that evading arrests in a motor
vehicle in Colorado County, Texas.
The defendant waived his rights
and provided a voluntary statement
to the officer.
The defendants advised that he did
not reside at the location and stayed
overnight to visit family members.
The defendant admitted that the firearm,
located within the residence and used
in the incident, belonged to him.
The defendant advised that he brought
the he bought the firearm from a
family friend about a year ago,
the defendant admitted that he was
previously convicted of a felony,
and he was aware that he was not
supposed to be in possession of a firearm.
He defended,
admitted to bringing the firearm into
the residence and leaving it on a
dresser inside the bedroom that he slept in.
Also admitted.
He
he admitted to all the pertinent facts,
basically that he is possessed
of the fire at some time.
All right, that's good enough.
Find probable cause exists Mr Lupiani.
Your case has signed the
182nd District Court.
Judge Daniel Lacayo's court.
Are you going to need a court
appointed attorney, Sir?
See yes, are you a U.S.
citizen or a foreign national?
American citizen alright and would
you like Mr Wang to represent you
this afternoon in the bond hearing?
Miss Green, what's the
state's position on bail here?
Yes, Sir, we're asking for
bail to be set at $100,000.
The state is against pretrial release.
We are requesting no contact with the
complainant or the four year old or any
of any member of his family or household.
No drugs or alcohol.
No weapons or firearms.
GPS monitoring the 24 hour house arrest.
That the defendant be required to
remain in Harrison surrounding county.
That he surrender any passport
or travel documents.
Do you need the defendants to be a threat
to public safety in the case before us?
The very fact that the defendant
was in possession of that firearm
resulted in an innocent 4 year
old child being shot in the head.
We take those back into consideration
when setting billing conditions,
and that's previously mentioned.
The defendant was convicted of the
felony offense of evading arrest.
In the 25th Judicial District
Court in Gonzales County,
Texas on August 24th, 2012.
All right, and Mr. Wang,
in behalf good afternoon, Mr.
Are you going to argue this
Christmas when before? Yes.
And for this case we are asking
that the score consider a $10,000
personal bond for the third option.
Mr Lyon is 33 years old.
And has lived in the Houston area for
the past four years where he lived
with his wife and seven year old child.
He's been unemployed for about a month now,
but probably that he was doing
construction work for several years.
Yeah, indicate that his sister
made the system in bonding.
However he's not sure if he financial
resource of resources that she has
to be able to put towards bond
and in terms of getting support.
He doesn't have his own vehicle.
He will also be able to get by some
friends and family if necessary,
and it doesn't appear that he's on any
type of probation or parole at this time.
No other current open charges. Also,
according to the Public safety assessment,
he has to know on anybody's activity flag.
His current charge here is
classified as non violent.
And he has no.
Depending on the offense no part
of following conviction and no
failures to appear in the past.
And that's all the sun.
Take a judgment.
All right, thank you into account.
The nature and circuit.
Well, first I need to ask you.
Green question Miss green?
Are you aware of the current condition of?
The complaining witness, minor child or no,
I have not been updated on the
child's condition at this time.
Last known, it was critical, correct?
All right, what is the residence address
for the child you have it? One moment.
Is Jim call may help you?
Did accidentally knock you off?
Sorry about that.
So your Honor, due to the fact
the sensitivity of this case.
OK, it's a minor top. It'll remain
off the record, that's fine.
All right?
All right, Mr Lupai because I don't
know what the child's condition is.
And last I heard the child was in
critical condition. And because.
The injuries are life threatening and
this could result in the potentially
the child dying at some point.
I'm going to agree with the state.
I'm gonna set bail at $100,000 at this
time and that's always subject to
change on a hearing and change in fact,
and or an addition of facts.
The conditions of your bail
are going to be as follows.
Year to go to court on time each
and every time there's court.
You're not to commit any new criminal
offenses. You're not to have.
Any contact with the following miners,
the miners with the initials.
You are the complaining witness,
and I'm assuming the siblings as well as.
They're witnesses. So don't have
contact with them right now.
You're not, you're going to be subject
to random drug and alcohol testing.
Not possess, use, or consume any marijuana
dangerous drugs or controlled substances.
You're just surrender your passport.
You're not to travel outside of Harris
County and contiguous counties.
You know it's this user consume
any marijuana dangerous drugs
that controlled substances.
You're not possessing firearms,
you're not possess any alcohol.
You're going to have a GPS monitor.
With an exclusion zone of the residents
of the complaining witnesses.
Complaining witness and
family. You'll have it.
House arrest curfew from
12:00 AM to 11:59 PM.
What was that? Over AM to 11:59 PM.
Do not possess any deadly weapons
including firearms or ammunitions.
You have a GPS exclusion zone.
With the residents. And workplace.
And the complainant and family members.
And then. A later hearing can be had in the
trial court of the home port.
Once more information is brought
forward about the child's condition
and what arrangements are deemed
viewable by both parties, and.
The victims and witnesses in the case.
People directly affected by this incident.
That's. As well as other information about.
Where you live
or will be living,
etcetera. And those kinds of things. So
for now this is done out of an
abundance of caution because
this could very well go from a.
Injury to a child scenario to.
Homicide scenario sometime.
Until the. Condition of the child
is better known.
Do you understand these conditions? Yes.
You'll probably go to court first
thing tomorrow morning and they'll
be meeting a lawyer that will
be appointed to represent you.
In this case. More likely than not.
OK, alright and then he'll discuss
with you what the situation is
and how to proceed as far as.
The bond and bond conditions.
OK, all right all right your excuse.