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Trial Ordered For 3 Philadelphia Men After Accidental Gun Death of Tot

PHILADELPHIA (CBS) -- The father and two uncles of a four-year-old boy who accidently killed himself with a gun has been ordered to stand trial in connection with the tragedy.

Prosecutor Lorraine Donnelly says little Javier Merle Jr. found the gun hidden in a couch in his Kensington home last July, not far from where the dad hid his heroin, and a single gunshot to the head killed him (see previous story).

But according to Donnelly, all three defendants had their hands on the gun before the tragedy.

She says Javier Merle Sr. handed the gun to Edgar Perez, who was looking to settle a score, but his brother intervened.

"Uncle number two, who is Brandon Perez, takes the gun and puts it back in the house and just leaves it inside of the sofa cushion," says Donnelly, "knowing that this four-year-old nephew, Javier Jr., is home alone."

The father has previous drug convictions and he's charged with drug offenses in this case. Donnelly says heroin he intended to sell was found under the couch where the gun was kept.

The defendants are in custody.

Reported by Tony Hanson, KYW Newsradio 1060

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