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A York City man was adjusting his pants at a York City McDonald's when he accidentally discharged his handgun and struck his 4-year-old daughter, police said.

But York City Police said Jorge Luis Rosa-Hernandez is a convicted felon, meaning it's illegal for him to even handle a firearm.

Rosa-Hernandez was with his wife and daughter on Sunday, April 29, when he shot his daughter, police said.

He then dropped off his wife and daughter at York Hospital and left, court documents allege.

Rosa-Hernandez, 33, of the first block of South Queen Street, is charged with aggravated assault of someone younger than 6, reckless endangerment, being a felon in illegal possession of a firearm and carrying a firearm without a license.

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More: 4-year-old girl shot at York City McDonald's

Daughter shot: Surveillance video from the McDonald's at 142 S. George St. shows that Rosa-Hernandez walked up to his wife and child at 8:13 p.m. at the front counter and put his hands near his pockets, and a muzzle flash appeared from his front right pocket, court documents state.

Police said the 4-year-old then fell to the ground and Rosa-Hernandez picked her up, took her to his white Toyota SUV and drove away.

Authorities were notified of a gunshot victim arriving at York Hospital at 8:17 p.m., and when they arrived only Rosa-Hernandez's wife and daughter were there, officials said.

The girl had suffered a grazing gunshot wound to the leg, according to police.

Rosa-Hernandez showed up at the hospital about an hour later, where police arrested him, officials said.

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Speaking with police: While talking to police, Rosa-Hernandez said he noticed some people who looked "shady" outside the McDonald's, so he took his wife's gun from a compartment in his SUV and put it in his pocket, charging documents state.

He said he was with his wife and daughter near the counter and that the gun went off as he was hitching up his pants, according to officials.

He said he noticed his daughter was bleeding and took her to the hospital, and he then drove back to his home, documents state. He told police the gun was in his wife's drawer in their home, court documents state.

Authorities searched his home and found the handgun, documents state.

Rosa-Hernandez was taken to the county's central booking unit, where he was arraigned on the charges. He is now in York County Prison on $250,000 bail, court records state.

It is unclear whether he has retained an attorney.

His preliminary hearing is scheduled for May 14 at District Judge Ronald Haskell Jr.'s office.

— Reach Christopher Dornblaser at cdornblaser@yorkdispatch.com or on Twitter at @YDDornblaser.

 

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