Child shot by another child at South Austin apartment complex: APD

Child shot by another child in South Austin

Neighbors say they are concerned about how this happened as new questions emerge about whether the parents could be charged for letting this happen.

AUSTIN, Texas - A child was rushed to the hospital Monday night after being shot at a South Austin apartment complex.

Around 10:20 p.m., on June 26, police were called to the Bridge at Asher Apartments just off the I-35 Service Road north of Onion Creek Parkway. The child was rushed to Dell Children’s Medical Center. It’s unclear how serious their injuries are.

According to initial reports, the child was shot by another child. When asked for clarification, Austin police said: "This incident involved juveniles. One child is receiving medical care. These investigations are confidential by law. No further information is available for release."

That suggests the shooter was under 16 years old, according to Rick Flores, an Austin-based defense attorney and former prosecutor.

"If the child that shot the other child was ten years old or anywhere between ten and 16, they could get prosecuted as a juvenile. But if they were under ten, it's usually something that they would go after an adult in the home," said Flores.

More specifically, that means a parent or guardian in that apartment could face a charge of "making a firearm available to a child" under Texas law.

"That says that if a child is the one who gains access to a readily dischargeable firearm—meaning that it's loaded, and it's that adult who was the one that failed to secure it or left it in a place where they knew that a child would gain access to it—then that's a crime where they can charge the adult as opposed to the person involved in the actual shooting," said Flores.

If a child is hurt or killed as a result, that’s a Class A misdemeanor that can carry a year in jail or a $4,000 fine.

"There's a waiting period of seven days that says that they can't even arrest an adult within seven days," said Flores.

Child hospitalized after shooting in South Austin

Police say a young child was shot at the Bridge at Asher Apartments on IH-35 and, so far, no arrests have been made.

So far no arrests have been made. FOX 7 spoke to some residents of the complex, who say knowing that this happened just feet away from their apartments, is unnerving to say the least.

"I'm definitely going to put my ring camera up now," said one woman who didn’t want to be identified. "I had similar issues in my last complex, and I was hoping this would be different here."

Gun safety advocates say this shooting underscores why every gun needs to have a lock.

"A lot of our children are ending up in these kinds of situations. And so the most important thing we can do is make sure that every firearm is locked when it's not in use," said Leesa Ross, founder of Lock Arms for Life.

Austin police continue to investigate the shooting.