The following information is from Phoenix Police homicide investigators:
Victim: 8 year old boy (nephew of suspect)
Suspect: Cruz, Javier Gudino; h/m; 24 years old (uncle of victim); booked for being a prohibited possessor of a firearm, child abuse, and discharging a firearm - booking number P564143
On 7/12/09 at 1:45 PM, the 8 year old victim was in the living room at 919 E. Turney
Avenue. Somehow, the victim and three other children, ages 4, 4, and 6 years old, got hold of a handgun. A round was discharged striking the victim in the face. The aunt and uncle found the victim. The uncle carried the victim to the front yard and then took the handgun and tossed it between the wall of the house and a masonry wall surrounding the yard. At some point someone called 911.
The call originally came in as an injured person that someone fell down the stairs. The responding Phoenix Firefighters immediately determined that was not the case and advised the Phoenix Police Department.
The victim was transported to a local hospital where he is still in critical condition. The three children were interviewed by forensic interviewers who speak Spanish. Homicide investigators determined the uncle is a prohibited possessor due to his undocumented immigration status. He had the handgun out earlier in the morning and discharged it in the yard after drinking and having a fight of some kind where he was cut up. Investigators determined that he left the handgun on a small wall in front of his house where the children located it and the victim was shot.
The suspect had to be treated for the prior injuries from the fight before being booked into jail.
This investigation is continuing.
