Durham man charged with shooting sleeping 10-year-old girl now free on bond

Durham man accused of shooting through the floor of an apartment and hitting a 10-year-old girl while she slept is free on bond.

CLICK FOR MORE PHOTOS OF DEISY AND THE SHOOTING SCENE

RELATED: Man used stolen gun in shooting of 10-year-old girl in Durham, police say

James Scott Berish, 23, of Durham, was charged with one count of assault with a deadly weapon inflicting serious injury and one count of possession of a stolen firearm (a .45-caliber handgun).

Deisy Medina was sleeping early Sunday when a bullet traveled down from an apartment above hers and struck her in the stomach.

“I went to the bathroom, and then my stomach hurt. My mom said there were two holes in my stomach,” said Medina.

RELATED: Durham 10-year-old out of hospital after being shot while sleeping

Officers responded to the shooting call around 3:20 a.m. in the 4200 block of Garrett Road.

Medina, a fourth-grade student at Creekside Elementary School, spent the night at the hospital but was released Monday.

No one was in the apartment where police believed the bullet came from when officers searched it.

James Berish (Durham Police Department)

RELATED: 10-year-old girl struck by bullet while sleeping, Durham police say

Berish turned himself in to officers on Wednesday and was given a $30,000 secured bond.

Medina talked to CBS North Carolina after learning of the arrest, telling police “thank you for helping me.”

Berish made his first court appearance around 9 a.m. Thursday and signed a waiver saying he has a lawyer and he posted $30,000 bond. He has been released from custody.

Berish’s next court appearance is set for July 25.

When asked for comment, Berish and his attorney told CBS North Carolina, “no comment.”

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