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HOUSTON The father of a 4-year-old boy who accidentally shot and killed himself last year is now facing an upgraded charge of murder as investigators say he failed to immediately seek emergency care, according to court documents.

Marquiez Pratt, 20, is accused of leaving a loaded firearm within reach of his son Jaiden on Feb. 24, 2013 at an apartment in the 13500 block of Northborough Drive.

The defendant did not voluntarilty deliver the complainant to a designated emeregency infant care provider, according to an arrest affidavit.

Pratt said he was asleep when his son found the gun, but a neighbor disputed that, saying she heard adults arguing immediately before hearing the gunshot.

When Houston police arrived, they found Pratt outside holding his son. Paramedics tried to revive the child, but Jaiden was pronounced dead at the scene.

Whenpolice searched the apartment,they allegedly foundcocaine and marijuana inside. The gun that killed Pratt s son was also discovered to be stolen, police said.

Pratt was originally charged with child endangerment and possession of a controlled substance. He was released from jail on Feb. 26, 2013 after posting a $50,000 bond.

A warrant has been issued for Pratt s arrest.

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