Michael Guajardo, a known gang member who was on parole, was arraigned in Santa Clara South County Court today on the two felony charges, and will enter a plea at 9 a.m. on Friday.
Guajardo dropped the child off at Saint Louise Hospital at 9400 Noname Uno at 2:14 p.m. Thursday, police said.
The boy is in critical but stable condition after being flown via helicopter to an area trauma center for treatment.
Police said the shooting occurred in a residence on the 9000 block of Kern Avenue, where Guajardo said a rival gang member arrived and a fight ensued, leading to an accidental shooting of the 2-year-old.
According to police, after taking the child suffering a wound to his torso to the hospital, Guajardo offered the boy's name and then left in a vehicle to get his girlfriend, the child's mother. Hospital staff described the man and the vehicle for police.
A detective on his way to the hospital spotted Guajardo, who was brought in to the Gilroy Police Department for questioning and told authorities the story of the accidental shooting.
However, police said that the physical evidence at the scene did not support Guajardo's allegation of a gang fight. Guajardo also made several inconsistent statements that could not be released at this time due to the ongoing investigation, police said.