Man Sentenced Under Gun Law in Death of Boy

SAN JOSE —  A man whose 4-year-old grandson shot and killed himself New Year’s Day pleaded guilty Wednesday to a misdemeanor charge under the state’s new gun safety law and was sentenced to three years of probation.

Nicholas Conchas, 48, was also ordered to begin a community and media campaign for gun safety.

“I am ready to work with everybody,” Conchas said after the sentencing. “I want to tell everybody, ‘Don’t use them.’ To me, such a tragedy happened.”

Conchas was joined in court by his daughter, the child’s mother. The youngster shot himself with a gun Conchas had fired to welcome in the New Year.

Conchas was the first person prosecuted under a state law that took effect Jan. 1 allowing prosecution of owners of firearms for shootings involving children. The law allows prosecution as either a felony or a misdemeanor.

Under terms of the sentence, Conchas may not possess any firearms during his probation. The judge also gave him a suspended 30-day jail sentence.

San Jose Municipal Judge Edward Nelson said he chose the alternative to jail because he felt it was more beneficial to the community.

Prosecutor Jack Marshall said the county district attorney’s office supported the sentence.

“If only one life is saved by his appearances, it’s a far, far better result than if you sent him off to jail and forgot about him,” Marshall said.