Boy, 5, accidentally shoots himself after dad falls asleep with gun in his pocket, records show

OMAHA, Neb. (WOWT/Gray News) - A Nebraska father is facing charges after his 5-year-old son accidentally shot himself in the arm. He told authorities the incident happened after he fell asleep with a gun in his pocket, according to court documents.

Trae Colvin, 28, was charged Tuesday in Douglas County Court with two counts of intentional child abuse after his 5-year-old son accidentally shot himself Sunday afternoon at a home in Omaha. The boy’s injuries were not considered to be life-threatening.

Omaha Police said Monday that 27-year-old Gabriella Gutierrez was cited on charges of two counts of misdemeanor child neglect in relation to the case.

Court documents state Colvin told authorities he had come home from work and placed the gun he had in his car into the pocket of his sweatpants. He then fell asleep on his bed with his 5-year-old and 7-month-old children lying next to him.

According to the court records, Colvin believes the gun fell out of his pocket while he slept. He said he didn’t hear the gunshot, but it must have woken him up — at which point he saw the 5-year-old “flailing” his arm and blood getting everywhere.

Colvin told investigators that his phone was locked, so he couldn’t call anyone, but he grabbed a towel to apply pressure to his son’s arm. He said he put the gun in a safe before leaving to go to his mother’s house, where he called his son’s mother to tell her what happened.

Colvin then drove to Council Bluffs to pick up the boy’s mother from work before the family went to the emergency room at CHI Health-Creighton University Medical Center, so the 5-year-old’s arm wound could be treated. Officers were sent to the hospital to investigate shortly after 3 p.m. after a report of a walk-in shooting victim.

Colvin allegedly told police he had the gun under his pillow at night or in his pocket while his children sleep in the same room and that the incident could have been prevented.

The victim’s mother was also interviewed, according to the records, telling investigators that Colvin always had the gun in his pocket or near him and that it was rarely in the gun safe. She said she asked him repeatedly to put the gun in the safe, but he refused. She told authorities she had caught the 5-year-old with the gun before and had asked Colvin to keep the gun away from the children, in the safe and/or keep the gun unloaded.

A judge set Colvin’s bond at $500,000.