Pottstown father facing trial for child endangerment after toddler shoots self with dad's gun
POTTSTOWN — A Pottstown man must answer to charges in Montgomery County Court that he endangered his 2-year-old son who suffered a gunshot wound when he accidentally shot himself with his dad's unsecured gun.
Luis Benito Marin, 34, of the 400 block of West Street, waived his preliminary hearing before District Court Judge Edward C. Kropp Sr., on charges of endangering the welfare of a child and recklessly endangering another person in connection with the May 15, 2024, incident during which he allegedly left a loaded handgun, unsecured on his bed, which his son grabbed and then accidentally shot himself.
The child suffered injuries that included broken ribs, a fractured scapula and damage to his left lung, according to authorities. There was also a burn mark and stippling on the boy's skin, which is an indication the gun was pressed against or extremely close to his chest when it discharged, according to court documents.
Marin faces a Nov. 20 formal arraignment hearing on the charges in county court. After that hearing, a judge will schedule pretrial hearings and a trial date.
If he's convicted of the charges at trial, Marin faces a possible maximum sentence of 6 to 12 years in prison.
The investigation began about 4:48 p.m. May 15 when Pottstown police were dispatched to the West Street residence and then to Pottstown Hospital for a report of a child who accidentally shot himself while playing with a firearm, according to a criminal complaint filed by Pottstown Detective Michael Damiano.
The investigation determined that just before the shooting, Marin entered a bedroom on the second floor of the home to retrieve a crossbody bag to lend to his nephew. The bag normally held Marin's two handguns and ear protection, which Marin removed from the bag and placed on the bed, according to the criminal complaint.
"He advised both guns were made safe before being put on the bed," Damiano wrote in the arrest affidavit.
Marin then gave the bag to his nephew, who left the room, court papers indicate. Marin allegedly told police he was sitting on the bed playing on his phone when he heard a gunshot, realized his son was in the room and observed his son was shot.
Marin grabbed the boy and ran outside as he applied pressure to the wound. The boy's mother was just arriving home, and they drove the child to Pottstown Hospital. The child was then transferred to Lehigh Valley Hospital.
"I observed the child and saw small exit wound on (the child's) upper left back, just below his shoulder blade," Damiano wrote in the arrest affidavit. "Two injuries to (the child's) chest were observed. One being the main entry wound which appeared to have burn marks surrounding it as well as a secondary wound which appeared to be a gouge and abrasion."
The doctor treating the boy at Lehigh Valley Hospital said shrapnel was removed from the secondary exit wound, according to the criminal complaint.
Marin turned himself in to Pottstown police on Sept. 25
"This shooting is a frightening reminder to parents that children, even very young children, can and do find unsecured firearms in a home, and their inclination is to play with them. Thankfully, this 2-year-old boy survived the shooting," county District Attorney Kevin R. Steele said at the time of Marin's arrest in September.
