Criminal charges expected after 18-month-old shot in face

Criminal charges expected after 18-month-old shot in face
Source Raycom News Media

HENDERSON COUNTY, TX (KLTV) - Criminal charges are expected after an 18-month-old child was shot in the face.

Henderson County Sheriff Botie Hillhouse says his office plans to make arrests but legally they are unable to make any arrests until a seven-day period has passed.

The Texas Penal Code states:

Texas Penal Code 46.13

(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:

(1) the actor is a member of the family, as defined by Section 71.003, Family Code , of the child who discharged the firearm; and

(2) the child in discharging the firearm caused the death of or serious injury to the child.

The incident occurred Feb. 5. Hillhouse says an 18-month-old girl was shot in her face at a home on Albany Drive in the Payne Springs area. After the child was injured, she was taken to the hospital in Gun Barrel City, and was then transferred to Children's Hospital in Dallas.

Hillhouse says the girl does appear to be "OK," and was not able to disclose who the shooter was. The sheriff's office is investigating, along with the DA's office and CPS, as well as the Child Advocacy Center.

Hillhouse says a small-caliber firearm was found and is believed to be the weapon that shot the child.

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