SAN JOSE, Calif. -- It's been a little over two months since 3-year-old Preston Orlando died from an accidental gun shot wound to the head. The gun used was San Jose Police Officer's Brandon Orlando's backup firearm.
Today, the Santa Clara District Attorney's office released their report, detailing how little Preston got a hold of the loaded weapon. According to the report Officer Brandon came home very tired from work that night.
It says "Although there was a lockbox underneath the bed, Orlando put the gun in the top drawer of the nightstand," instead.
The next say, Brandon got up and went downstairs to do a load of laundry. Brandon gave Preston a kiss and told him to listen to his Mom who had said to go up to his room and put on a shirt.
Moments later, there was a bang.
Brandon ran upstairs and saw the master bedroom open, inside "his son was lying on the floor with Orlando's back up gun at his feet."
Preston died a short time later.
Two months later, this tragedy is still an open wound to the quiet tight know Gilroy neighborhood. But at least today, there is closure, in the investigation of whether Brandon Orlando was at fault for little Preston's death.
In the report it says "this office does not condone Orlando's placement of weapons in the office and placement of his duty belt on the bed on the day in question. However, these actions do not rise to a level of child endangerment."