San Jose boy, 9, wounded when upstairs neighbor shoots himself in foot


A 9-year-old San Jose boy was wounded early Wednesday when his upstairs neighbor shot himself in the foot and the bullet pierced the floor between them, police said.

The bizarre incident occurred about 5:45 a.m. in the 1900 block of Almaden Road, police said.

Investigators said Eric Smith, 40, of San Jose discharged a rifle and the round went through his foot and the floor before striking the boy in the leg as he lay in bed.


Both were taken to the hospital with serious but non-life-threatening injuries, said police spokesman Sgt. Enrique Garcia. Smith and the boy, who was not identified, remained hospitalized Wednesday afternoon.

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After he is released from the hospital, Smith will be booked on suspicion of negligently discharging a firearm and being a felon in possession of a firearm and ammunition, Garcia said.

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