A Lehighton man was sentenced on Thursday to a county prison term on a charge of involuntary manslaughter in the death of his 2-year-old son.

Andrew John Zawosiki, 29, of Laurel Spring Road, East Penn Township, was sentenced to serve 9 to one day less 24 months in prison by President Judge Roger N. Nanovic, who spared the defendant a state prison term, stating there was no sentence the court could impose that would punish the defendant more than the loss of his son.

Zawosiki previously pleaded guilty to the charge for an incident that occurred on May 24, 2020, at his home.

His son shot himself in the head with a 9 mm Glock handgun.

Also charged in the case by state police at Lehighton was Zawosiki’s wife, Christina McFarland, 24.

At the time of the incident troopers 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 at the time of the incident.

Case history

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

Court-appointed defense attorney Michael P. Gough said the incident is something his client must live with the rest of his life. He said from the very beginning of the investigation by police Zawosiki cooperated and took full responsibility for what happened.

Zawosiki told the court, “I made a lot of mistakes. I take full responsibility for what I did. I hope to make better decisions in my life, spend more time with my daughter.”

District Attorney Michael S. Greek said the plea agreement was made in the best interest of all. He said Zawosiki fully cooperated with the investigators and has shown remorse for what occurred.

Nanovic noted the cooperation Zawosiki gave to police. He called it a “tragic situation.” He said sending Zawosiki to a state prison “would serve no purpose.”

In addition to prison term Zawosiki was ordered to get both drug and alcohol and mental health evaluations and follow any recommendations for treatment, supply a DNA sample, pay court costs of over $1,000 and a $50 per month supervision fee while on parole.

He will begin the jail term at 9 a.m. on Dec. 27 with credit for one day served. His request for immediate work-release privileges was “denied for the time being” by the court.

McFarland’s case is still pending. She is scheduled to have a pretrial conference at the DA’s office on Jan. 21, 2022, at 10 a.m.