PITTSBURGH (KDKA) — The man accused in the accidental shooting of the 22-month-old boy he was babysitting was in court Monday morning for a bond hearing.

The child, Josiah Taylor, was killed when a gun went off in the Allegheny Dwellings apartment of Harrison Marshman, a maintenance worker at Heinz Field and PNC Park. He was watching the boy for his girlfriend, as he often did.

Although Marshman told police different variations of the facts, the Allegheny County District Attorney’s office revealed at a bond hearing they do not see this as a first degree intentional killing. So the defense asked Judge Jeffrey Manning for, and was granted, a release from jail for Marshman with certain conditions.

“The parameters are that he will reside at his father’s address,” said defense attorney Lee Rothman. “He will be connected to an electronic monitor that will allow him to go to work and to medical issues as well as religious if he chooses to do so. But he is not to have possession of a firearm which would be a condition of the bond and a condition of being charged with this type of offense.”

Marshman had a permit to carry the gun.

“He’s entitled to a bond, he is not a danger to the community,” said Rothman. “He’s gainfully employed and has no criminal record. He is a person who was of special needs and special education in high school and did graduate high school. I questioned his ability to really understand the gravity of the circumstance and as a result judge manning felt and the district attorney’s office agreed that they do not have evidence of first or second degree murder.”

Another condition of his release, requested by the mother of the victim: that he have no contact with her.

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