The 7-year-old who was shot is in the hospital in good condition, alert and talking, while at the Houston Police Department and Child Protective Services, this case is still under investigation.
The home on Lyons Avenue near Lockwood and I-10 where the shooting happened was quiet and locked up Wednesday morning. No one was home. It was a much different scene Tuesday night at around 9, when police say the 5-year-old boy shot his 7-year-old brother with an older model .22 rifle.
"They were non-life threatening. It was one bullet hole that went through his lower back," said Sgt. Ryan Gardiner with the Houston Police Department.
Police tell us the mother had stepped away from the children right after bath time when the shooting happened, and they are questioning the parents about where the weapon was and how the child gained access to it.
CPS tells us the 5-year-old boy has been sent to stay with his uncle, and police say parents have to take reasonable precautions when guns are in the home.
"If you have weapons -- guns, knives, anything that a child can hurt themselves with or hurt someone else -- the parents secure them, put them in a place where a child can't get to them. If your children are older, perhaps training for them to understand what a gun is," said Gwen Carter with CPS.
CPS says that the level of training depends very much on the child's age and maturity level.
Investigators recovered the weapon at the scene.
Police say they are still in the process of talking to the kids as to exactly what transpired during the shooting.
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