Rochester Man Sent to Prison For Shooting That Wounded His Son

Wabasha, MN (KROC-AM News) - A Rochester man was sentenced today for a conviction stemming from an accidental shooting last summer that wounded his six-year-old son.

44-year-old Raymond Tony Duque and Nicole Lynn McGee were arrested last July, about a week after the child suffered a gunshot wound to his abdomen while he and two of other children were playing inside the family's minivan. The shooting was reported on June 25, 2024 in Elgin.

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The criminal complaint in the case indicates the family was in the process of moving and had packed the van with her belongings with plans to spend the night at the home of Duque's sister in Elgin. The court document says he told investigators from the Wabasha County Sheriff's Office and Plainview Police Department that he was inside the home eating when he heard a loud pop.

Duque reported that his daughter came in and indicated something was wrong with his son, which is when he went to the vehicle and found the boy suffering from a gunshot wound in the front seat of the van.

The criminal complaint says a loaded 12 gauge shotgun had been left in the van between the driver seat of the center console. Duque told investigators that the firearm had been placed in the vehicle by a friend.

The court document also includes information provided in a statement by McGee, who is the mother of the victim. It says that, when she was asked if the children knew the gun was in the vehicle, she replied, "I'm sure, I'm sure they know."

A surveillance camera video recording of the incident shows the van arriving at the residence and Duque leaving before he and McGee retrieved some items from the vehicle and left again. About 30 minutes later, the video shows the victim and two other children entering the van, and less than a minute later, two of the children are seen exiting the vehicle running toward the house.

Duque was charged with felony counts of illegal possession of a firearm by a person convicted of a crime of violence and child endangerment. He was also charged with two gross misdemeanor counts of child endangerment and negligent storage of a firearm, which is also a gross misdemeanor.

He earlier entered a guilty plea to one of the felony child endangerment charges in exchange for the dismissal of the other charges. Duque was sentenced Tuesday to 45 months in prison. Court documents indicate the conviction carries a presumptive sentence of 28 months in prison under state sentencing guidelines.

McGee also faces felony child endangerment and other charges in the case.