A 40-year-old Ottawa man should find out later this month if he will be placed on probation or serve time in a state prison in connection with the shooting of a 4-year-old boy Jan. 4 in Ottawa.

District Judge Thomas H. Sachse sentenced Brian K. Bruno to 52 months with the Kansas Department of Corrections on one count of aggravated battery and 12 months on one count of child endangerment earlier this week in Franklin County District Court, 301 S. Main St., Ottawa. The two sentences would run concurrently.

Bruno pleaded no contest to the charges last month as part of a plea agreement with prosecutors, and Sachse found Bruno not guilty on both counts.

Bryan Hastert, Bruno’s attorney, has filed a motion asking the judge to depart from the state’s sentencing guidelines and place Bruno on probation. Sachse took the motion under advisement and is scheduled to issue his ruling at 2 p.m. Sept. 30 in Franklin County District Court.

Officers with the Ottawa Police Department and the Franklin County Sheriff’s office responded to the reported accidental shooting of a child about 12:30 p.m. Jan. 4 in the 1100 block of North Oak Street, Ottawa. They found a 4-year-old boy who had suffered a gunshot wound to the upper left leg. The boy was taken by ambulance to Children’s Mercy Hospital, Kansas City, Mo., where he was treated for his wound and later released.

Bruno was taken into custody, and a handgun was recovered at the scene. Ottawa police later charged Bruno in connection with the shooting. Bruno was the boyfriend of the child’s mother, police said.

Two adults, including the child’s mother, and two other children were inside the residence when the firearm was discharged, Capt. Adam Weingartner, with the Ottawa Police Department, said on the day of the shooting. No one else was injured, he said.

Stephen Hunting, Franklin County attorney, said, as part of the plea agreement, the prosecution would not oppose the defense motion for departure from normal sentencing guidelines, which makes probation for Bruno more likely.