The mother of a 2-year-old boy who fatally shot himself with a loaded gun left unattended was sentenced to a prison term on Tuesday in Carbon County court after pleading guilty to a misdemeanor count of endangering the welfare of a child.

Christina Lynn McFarland, 26, of Lehighton, will serve three to 18 months in the county prison, President Judge Roger N. Nanovic II ruled. But he will permit her to serve the time on consecutive weekends beginning May 6 at 6 p.m.

Nanovic rejected a request to impose a probation term, stating the court could not ignore the fact that the home where the boy shot and killed himself had many weapons, all loaded with shells in the chambers. He also said McFarland and the boy’s father, Andrew John Zawosiki, 29, of East Penn Township, were using drugs at the time of the incident. The incident occurred on May 24, 2020.

Zawosiki pleaded guilty to a charge of involuntary manslaughter and in December 2021, he was sentenced to serve nine to one day less 24 months in the county prison by Nanovic.

At the time of the incident state troopers from the Lehighton barracks, who investigated, said the child was taken to St. Luke’s Lehighton Campus, where he was pronounced dead. Troopers said the gun was loaded and a shell was in the chamber.

Case history

Zawosiki told troopers that he put the victim to bed at around 11 p.m. that Saturday in the master bedroom.

He said both he and McFarland were watching television on the couch and placed his handgun in a basket next to the couch in the living room.

Zawosiki said that the handgun was fully loaded with one round in the chamber, and that both he and McFarland slept on the couch in the living room.

The boy awoke at around 9:30 a.m. Sunday, as did McFarland. Zawosiki awoke at around 10 a.m. and remained at the residence throughout the day.

At around 3 p.m. Zawosiki was showering and heard a bang, ran out and asked McFarland what had happened. McFarland was holding the boy and they went outside and contacted 911 while performing CPR on the porch.

Zawosiki said that he normally places the gun high up - in a dresser or cabinet for safe keeping from the victim. He said that he smoked marijuana about four or five days ago and that he and McFarland use Suboxone regularly; he has a prescription for the medication, but McFarland does not and that she takes his medication.

Zawosiki said that both he and McFarland took Suboxone in the morning, and that his Glock 19X 9 mm pistol was used during this incident.

McFarland was between the kitchen and living room with the victim and went onto the computer when she heard the gunshot.

McFarland said that she was aware the loaded handgun was in the basket in the living room and did not move it because she was keeping an eye on the victim and felt that Zawosiki would move the gun when he finished getting a shower.

Cpl. Shawn Noonan conducted drug influence evaluations on Zawosiki and McFarland and said that both showed signs of impairment.

A search warrant was executed and a fully loaded 9 mm Glock was recovered from the couch. A holster with no clasp or safety was discovered in the small basket next to the couch. The basket also contained a children’s book and toys.

An AR-15 semi-automatic rifle loaded with 30 rounds was discovered leaning against a piece of furniture in the master bedroom.

A loaded Taurus .22-caliber pistol was discovered in an unsecured drawer in the master bedroom.

A small amount of suspected marijuana was discovered in a glass candle jar lid on a shelf near the couch and storage basket.

Suboxone and several unknown pills were also discovered within the residence, and drug paraphernalia, which included a marijuana grinder and a wooden box with a metal cigarette style smoking device discovered in a backpack with the master bedroom. Zawosiki denied the gun was found in a toy basket, as was first reported.

Reduced charges

Chief Public Defender Paul J. Levy said the commonwealth realized the circumstances of the tragic situation in dropping felony counts of involuntary manslaughter and reducing the endangering charge from a felony to a misdemeanor 1 for his client.

He said it was something his client has to live with the rest of her life. He said since the incident she has been getting counseling for depression and other related mental health issues.

At first McFarland said she didn’t realize a gun was in a basket near the sofa along with toys. But Nanovic said the police report indicated there were several guns found in the home, all loaded.

He said, “I am not unsympathetic of your circumstances. I know this is a tragic situation.” Nanovic added that McFarland knew of the weapons in the home and was using illegal substances at the time. He said giving her probation would “send the wrong message.” He said because of the situation and the tragic circumstances he would allow her to serve the time on consecutive weekends.

He also ordered her to get a drug and alcohol evaluation and follow any recommendation for treatment, continue her counseling sessions, attend and successfully complete parenting classes, supply a DNA sample, pay court costs of over $1,000 and pay a $50 per month supervision fee when on parole.