Federal charges for York man accused of accidentally shooting 4-year-old daughter

Jorge Luis Rosa-Hernandez

The man accused of accidentally shooting his daughter with an illegal gun while adjusting his pants at a York City McDonald's was indicted by a federal grand jury last month, according to officials.

The grand jury indicted Jorge Luis Rosa-Hernandez, 33, of the first block of South Queen Street, on a charge of possession of a firearm by a convicted felon, online court records state. He was indicted  Sept. 19, those records state.

Rosa-Hernandez's local case, in which he 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, was active as of Thursday, Oct. 11, according to online court records.

Records state Rosa-Hernandez has been free on $100,000 bail since Sept. 13.

York City Police have said Rosa-Hernandez shot his 4-year-old daughter when he accidentally fired his gun while adjusting his pants at the McDonald's restaurant at 142 S. George St. on April 29.

Authorities allege he dropped his wife and daughter off at York Hospital before fleeing.

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Daughter shot: Surveillance video from the McDonald's 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 and police arrested him, officials said.

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.

Jury selection for his federal trial is tentatively scheduled for Nov. 5.

His attorney did not immediately return a message seeking comment Thursday morning. 

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