The scene where 3-year-old Preston Orlando was shot accidentally by a handgun Thursday evening inside his family's home on the 7500 block of Kentwood Court.

After concluding their investigation into the July 5 fatal shooting of a 3-year-old boy on Kentwood Court, the Gilroy Police Department sent their findings to the family violence unit of the District Attorney’s Office Wednesday morning. 

After hours of interviews and sifting through evidence of a case that sent ripples of grief through the Gilroy community, the GPD made a recommendation to the District Attorney’s Office whether or not to pursue criminal charges, according to Police Sgt. Gallacinao, although he declined to reveal what the recommendations were. But the ultimate call about any possible criminal charges lies in the hands of the District Attorney. 

“We made sure our investigation was objective and thorough, and now it’s the DA’s turn to handle the case,” Gallacinao said.

Three-year-old Preston Orlando, the son of San Jose Police officer Brandon Orlando, was in an upstairs bedroom at his home on Kentwood Court around 5 p.m. July 5 when he was accidentally shot with a .45 caliber semi-automatic pistol, according to Gilroy police reports. Police and medics arrived on scene quickly, but were unable to treat his injuries. The toddler died en route to the hospital, said Police Sgt. Chad Gallacinao.

The case findings remain murky for now – key details such as who owned the gun used, and whether or not Brandon Orlando was in the home at the time – have not been revealed, and won’t be until the investigation has concluded in a couple weeks, according to Steve Dick, the deputy district attorney who is handling the case. 

“As soon the investigation is complete we will  let everyone know as much as we can,” Dick said. 

At this time, the District Attorney’s Office is not seeking help from outside agencies, although Dick said they will if they need to. 

When asked if he could think of another case in county history that compares to this one, Dick sighed. 

“No. This is so unique,” he said. “There’s nothing that compares to this.” 

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