Fort Worth father faces gun, child neglect charges after accidental shooting

A Fort Worth father faces several charges for the recent accidental shooting that injured his two children.

The arrest affidavit for 27-year-old Moses Rey Olguin says the two children and another child got ahold of his loaded gun in June when the two children were shot.

Police say Olguin is charged with multiple counts because he's a convicted felon and isn’t allowed to even have a gun.

Olguin was booked in Tarrant County Jail last week on seven charges, including recklessly endangering a child.

The arrest affidavit says Olguin’s daughter and son were shot by their cousin after finding a gun in their father’s belongings back in June.

Court documents say Olguin left a loaded handgun accessible to his children and their cousin. According to the arrest affidavit, Olguin’s 7-year-old daughter was in the laundry room with her 6-year-old brother and their 10-year-old cousin.

The affidavit states the 7-year-old was looking for one of her markers in a blue plastic box of her father’s belongings when she said, “I found my dad’s gun.”

The 10-year-old told police that the 7-year-old “held the gun in the air and the(boy)took the gun from (her).”

When the 10-year-old tried to take the gun away from the 7-year-old and give it to their grandmother, the affidavit states that the 10-year-old's “hand slipped onto the trigger, firing the gun at the 6- and-7-year-olds.”

“The kids that they are, very inquisitive, wanted to see what it was,” said Fort Worth Officer Jimmy Pollozani. “Next thing you know, the trigger was pulled and they were rushed to the hospital.”

The affidavit says the gun was a .45/ .410 handgun that shoots bullets and shotgun shells and that the children were hit by pellets from a shotgun shell.

According to the affidavit, the children’s grandmother was in the kitchen when she heard the gunshot. The 7-year-old was struck in the arm and the 6-year-old struck in the chest, requiring open heart surgery to remove “several pellets penetrating his heart.”

When police asked Olguin if there were any weapons in the house, he said not to his knowledge. The affidavit says he did say he had brought a blue box home from storage but had not gone through the box other than to retrieve work clothes.

Court records show Olguin was convicted on a felony charge of theft of property back in 2012 and then sentenced to jail time in 2014 for violating his probation.

“Why was this felon in possession of a weapon to begin with,” Pollozani said. “If he wasn't in possession, would this have happened? And the answer is ‘no.’”

Olguin now faces three counts of recklessly endangering a child, three counts of making a firearm accessible to a child and one count of unlawful possession of a firearm.

The Department of Family and Protective Services confirmed that the children are not in foster care.

Olguin was released on bond over the weekend. His next court date is set for August 27.