Authorities have charged one of the three men picked up for questioning in the Monday afternoon shooting of two Harwell Middle School students.
David Guerrero Navarro is being charged with one count of trespassing and one count of hunting wildlife without permission.
Navarro faced a judge at the Hidalgo County Jail around 2 p.m. Wednesday.
Hidalgo County Sheriff Lupe Trevio told Action 4 News that Navarro is an illegal immigrant who should not have been in possession of the .223-caliber assault rifle he had on him.
Trevio said deputies don't believe Navarro was involved in the shooting of the children.
We will be doing ballistic analysis on his weapon and the other two individuals, Trevio said. The reports should be done by next Wednesday and at that point we will decide whether or not we'll file criminal charges."
Sheriff Trevio told Action 4 News that they no longer believe the shooting was a hunting accident but possibly from a target practice session.
He said this theory will not be confirmed until they get the ballistics back from the lab.
Investigators told Aciton 4 News that both students are in critical but stable condition.
Sheriff Trevio said only one bullet has been recovered.
One student is still in serious enough condition where they can't go in and get the other.
U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) agents are taking over the gun possession portion of the investigation.