A Tomball father is behind bars after investigators say he tried to get rid of a gun and shell casings moments after his 3-year-old son accidentally shot himself in the hand. The boy was treated at a hospital, and authorities are still looking for the firearm, a case that is once again putting a spotlight on how guns are stored around very young children.
Court documents state that 25-year-old Lucas Nahum Benitez has been charged with deadly conduct involving a discharged firearm and with tampering with or fabricating physical evidence after the toddler was hurt Thursday morning, according to ABC13 Houston. The filings say the child’s mother, Bailey Falbo, told officers she keeps a handgun in her purse and heard a “pop” before finding her son crying, then rushed him to a nearby hospital.
Hospital workers later told police that a man showed up carrying a large purse and a child’s bookbag, saying the items belonged to Falbo. According to the court records, that man said Benitez had given him the bags in a CVS parking lot and told him he had “tossed” the gun.
How state law applies
Texas has a child-access law that can make adults criminally liable if a minor gets hold of a “readily dischargeable” firearm because of an adult’s criminal negligence. That rule is spelled out in Texas Penal Code §46.13, which details when someone can be held responsible for a child’s access to a gun.
On top of that, prosecutors can pursue separate charges if they believe someone tried to hide a weapon or shell casings after the fact. That offense, tampering with or fabricating physical evidence, appears in Penal Code §37.09 and can carry felony-level penalties depending on the circumstances.
Local pattern and safety resources
The Tomball shooting is the latest in a series of incidents around the Houston area involving children and unsecured firearms, and Toddler With Gun Hits Off-Duty Deputy is just one recent example of how quickly things can go wrong when kids find loaded weapons.
National data tracked by Everytown's #NotAnAccident index show that unintentional shootings by children happen on an almost daily basis, with preschool-age kids making up a significant share of those cases. In response to incidents like these, the Texas Department of Public Safety’s Safe Gun Storage campaign urges owners to keep firearms unloaded, locked up, and stored separately from ammunition to help head off similar tragedies.
What comes next
Benitez remains in custody and, according to court records reviewed by ABC13 Houston, was expected to appear before a judge on Friday while investigators continue searching for the missing gun and shell casings. Prosecutors are expected to review the full case file, including any evidence about the weapon and its chain of custody, before deciding whether to pursue additional charges. Authorities have not released further information about the ongoing investigation or the child’s condition beyond confirming that he was treated at the hospital.
