By Tony Hanson

PHILADELPHIA (CBS) - A loaded gun found in a first grader’s backpack at the Universal Daroff Charter School earlier this month. Police say the stolen weapon belonged to the 7-year-old boy’s step-father, who has now been ordered to stand trial on charges including receiving stolen property and endangering charges.

The boy’s first grade teacher has testified the boy was told to get homework from his school bag, he hesitated and when questioned again, he told the teacher “something is wrong, something is in my bookbag, something is wrong”. The teacher discovered the gun then notified police and authorities determined the gun had been reported stolen.

The boy’s step-father, Tarron Wescott, allegedly told the police he got the gun from an unidentified man. Defense attorney Eugene Tinari questions the validity of the statement, but…

“He thought that that bag, if you believe his statement is true, was going to be thrown out in the trash. Does that excuse the conduct, no, but it shows that there was no intent to have that bag be brought to a charter school. “

Wescott has no prior criminal record.