Published: Aug 02, 2010 11:44 PM EDT
Updated: Aug 02, 2010 8:44 PM EDT

FORT MYERS, Fla. - There are new details in the shooting of a one-year-old Fort Myers boy. Deion Bradwell is listed in fair condition at Lee Memorial Hospital, as he recovers from a gunshot wound. Police are calling the shooting an accident, but new information from the Department of Children and Families finds the family has been in trouble before.

The DCF reports they were already investigating the Escalante family, taking a closer look into reports of child abuse on the one-year-old just weeks before Saturday's shooting. They say the baby's uncle, 19-year-old Felipe Escalante, is the suspect in both cases of child abuse.

Fort Myers Police report Felipe accidently shot the baby while handling a gun inside the home while babysitting his nephew Saturday. But neighbors paint a different story. Barbra Battle told WINK News the baby accidentally shot himself.

"It was a gun that one of the boys brought in and he got him hands on it, they were playing with it, and he got his hands on it and he shot it. It was too late take it from the little boy."

DCF is now taking Saturday's shooting under consideration, as the agency decides whether or not to put the baby in the hands of the state. But mother Eva Escalante said she was unaware her babysitting brother brought a gun inside her home.

"He wouldn't even be in my house. He was just coming over to eat. I was cooking. If he had a gun, he wouldn't be near my son."

Felipe Escalante has a history with Fort Myers Police Department. He's been arrested on charges of battery and a felony count of domestic violence.