Man charged with shooting that hurt sleeping boy downstairs

AP News
Posted: Oct 30, 2015 11:31 PM

SAN JOSE, Calif. (AP) — A San Jose man who shot himself in the foot is facing criminal charges after the bullet went through his apartment floor and critically injured a sleeping child.

The San Jose Mercury News ( ) reports Friday that Eric Smith has been charged with negligent discharge of a firearm, shooting at an inhabited dwelling and being a felon in possession of a firearm.

Police say a rifle bullet hit Smith in the foot, went through the floor and hit the 9-year-old boy as he slept in the apartment below Wednesday morning.

The boy is hospitalized with leg injuries but is expected to survive.

Smith also remains hospitalized. It's unclear whether he has an attorney.

As a second-striker, with sentencing enhancements Smith could face up to 20 years in prison if convicted.