'Playing around': Teen charged with manslaughter in 13-year-old cousin's death

AUSTIN (KXAN) — Months after the death of a 13-year-old in a northeast Austin home, his 18-year-old cousin is now facing a manslaughter charge, according to an arrest warrant affidavit.

Julian Hernandez-Sandoval was shot in the head, by his now 18-year-old cousin Charles Simmons, according to court documents. The shooting happened on Kelton Drive, according to police.

Simmons was also charged with tampering with evidence. His attorney provided KXAN with a statement.

This is an unfortunate incident. Mr. Simmons is regretful beyond belief.

Robert Aaron Mueller, Simmon's attorney

On June 25, the two were playing video games, when Simmons pulled out a gun he had bought "off the street" a few days prior, and pointed it at Julian, according to the affidavit.

Simmons said he and Julian were "talking crazy to each other," and were just "playing around," but that the gun didn't have a safety, according to the affidavit.

Court documents detailed that Simmons admitted he knew it was loaded when he had his finger on the trigger. Simmons called 911 after, Julian's mom said.

Police said they decided to charge Simmons with manslaughter, after speaking with the District Attorney's office.

Court documents also detailed that Simmons had used guns before, police believe he "consciously disregarded the substantial and unjustifiable risk of pointing a loaded gun" at his cousin.