Father Accused of Shooting Son, 11, Point Blank in Head as Called Mom for Help Hit with New Charge

A New York man is being charged with attempted murder for allegedly trying to kill his stepfather on the same day he is accused of murdering his son and his girlfriend.

David Huff, 43, was previously charged with three counts of murder and criminal possession of a weapon in the deaths of Yeraldith Tschudy, 32, and Jeremiah Huff, 11, on March 17 in Syracuse.

He was indicted on a new charge of attempted murder in court on Tuesday for allegedly pointing a gun at his stepfather Charles O’Donnell and pulling the trigger that same night, according to a copy of a grand jury indictment filed in Onondaga County Court and obtained by PEOPLE.

The gun malfunctioned when Huff pulled the trigger, Assistant District Attorney Rob Moran alleged in court on Tuesday, ultimately saving O’Donnell’s life.

Huff appeared in court on Tuesday for his arraignment but did not speak. The Onondaga County District Attorney’s Office has previously said that they expect Huff will meet with mental health experts ahead of a possible trial in the case.

The defense has not yet offered an alibi in the case or entered a plea to any of the charges.

Huff allegedly shot his son repeatedly with a 12-gauge shotgun on March 17, firing one of those bullets into the boy’s head at close range, Syracuse Police Chief Joseph L. Cecile said at a news conference shortly after the boy’s death.

Cecile also confirmed that despite his injuries and the bullet to his head, 11-year-old Jeremiah somehow managed to make one final phone call to his mother before he died.

“It’s so poignant to think about in the context of how it happened and that he’s still in this house with this man, his father, with a loaded gun and he’s reaching out to the one person that is now the only person he can depend on,” Cecile said.

He then added: “It’s just so tragic to think of that happening in that house.”

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It was the boy’s mother who then called 911 to report the shooting, Onondaga County District Attorney Bill Fitzpatrick told reporters.

“She had the unbearable tragedy of listening to her son be murdered,” Fitzpatrick said.

He later noted: “To be on the phone listening to your son’s murder, she’ll never get over that. Ever.”

The other victim, Tschudy, was. a social worker and the mother of two children, ages 4 and 11. She had been dating Huff for about six months, Fitzpatrick said at that same press conference.

Tschudy immigrated to the United States from Colombia at a young age and worked at Villa of Hope, a facility that provides counseling and assistance to individuals who struggle with addiction and mental health issues.

Cecile said at the press conference that she had been shot so many times authorities struggled at first to identify the victim.

Huff then went to a local hospital after the shooting, where he was found laying down in an examination room, according to police.

He was then asked to leave the facility by an employee of the hospital, who flagged the man and his suspicious behavior to authorities, said Cecile.

A trooper with the New York State Police arrested Huff on March 18, one day after the murders.

Huff is due back in Court on July 26. His trial is not set to begin until May of next year.

He is currently being held at the Onondaga County Justice Center, a maximum security facility in Syracuse.