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Update on accidental shooting of boy by police

Discussion in 'General Gun Discussions' started by xjer, Sep 7, 2007.

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  1. xjer

    xjer Member

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    http://www.newsok.com/article/3120381/

    NORMAN (AP) - Second-degree manslaughter charges will be filed against two Noble police officers involved in the accidental fatal shooting of a 5-year-old boy, a district attorney said Friday.


    Austin Gabriel

    Austin Gabriel Haley was killed Aug. 3 after one of the officers fired his .40-caliber handgun at a snake in a birdhouse outside a home in Noble. The boy was standing at a dock at a pond near the house when he was hit.

    District Attorney Greg Mashburn identified the officers as Brad Rogers and Shawn Richardson. They would face up to four years in prison if convicted of the felony charge.


    The only reason I post this is because I think it could happen to any of us.
    I no I have been just as careless at sometime or another. I was just fortunate
    enough not to have the disastrous results.

    Three different times I have had to complain to my neighbors about stray bullets coming close to me or my family.

    Mike
     
  2. Bazooka Joe71

    Bazooka Joe71 Member

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    Good.


    No, it couldn't.


    I don't shoot animals in rural areas Period.
     
  3. chipperi

    chipperi Member

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    Only 4 years, how sad. These supposedly highly trained idiots fired rounds into a bird house trying to get a rattle snake out. 1st degree negligent homicide with 20 yr sentences would be more fitting.
     
  4. Tommygunn

    Tommygunn Member

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    Who said you were on the backside of the gun -- and not the "receiving" end of the deal?????:uhoh::uhoh::uhoh::scrutiny::scrutiny:;)
     
  5. Cannonball888

    Cannonball888 Member

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    It turned out to be a nonpoisonous rat snake stuck in the birdhouse. Lethal force not required.
     
  6. kungfuhippie

    kungfuhippie Member

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    Why didn't they call animal control? Last I checked animal control was for animal problems and cops were for people problems (with a gray area in there)
    Also, maybe I just retarded, but I never knew a rattle snake that got very far off the ground (bird house)
    Shooting animals is fine, they just weren't obeying the 4 rules, and had terrible aim since the snake didn't seem to die.
     
  7. woo18

    woo18 Member

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    explanation...

    Did the police officers even offer an explanation as to why they decided to shoot?
     
  8. bruss01

    bruss01 Member

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    I am the first one to jump on a police officer when they are plainly involved in misconduct (bribes, wife-beating, JBT-ism, etc).

    But this is just a tragedy all the way around. It is a case of simply not thinking, or not thinking ENOUGH. I am most profoundly sorry for the family in question who lost a beloved tyke. But I am also sorry for the officer, who made a mistake by acting without thinking things through. This otherwise good man (I have heard nothing to the contrary) will have his life ruined by his thoughtless error. It's very much like accidentally running over a kid on a tricycle because you were going a little too fast or weren't attentive enough. The only difference is that a gun, rather than a car, was used in this incident.

    I'm very sad for all concerned.
     
  9. Zoogster

    Zoogster Member

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    They made a bad call, only saw what was 20 feet in front of them and didn't think about what was out of sight further away. If they obeyed the 4 rules the chances of injury would have been far less. If one shoots at an animal, especialy while not at immediate risk, then the ground should be the only background. That means shooting upwards at things is a no no.

    Once again having a hammer does not make everything a nail. He should have used a stick or pole or some other object to knock it around or knock it down, not a pistol round.

    If they really were determined to shoot it, birdshot would have been proper for the situation. However I imagine there is a policy on the ammo carried, and I am pretty sure it would include buckshot, and perhaps slugs for the shotgun, meaning birdshot would not be an option. That means shooting it was not an option.

    I remember a post recently about many people joking around about shooting hornets with various things. The concept of shooting a nest up in the air however seemed pretty acceptable. This is one of the potential results people should keep in mind.
     
  10. Officers'Wife

    Officers'Wife Member

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    Hi Bruss,

    While I agree this was a tragedy, your analogy is far too simplistic. When an office worker or other part time driver runs over the kid is a very different consideration to a PROFESSIONAL driver going too fast or being inattentive.

    It is not unfair to hold the professional to a higher standard, in fact, it should be mandatory. Had this happened here at Fort Campbell by enlisted or officer MP all hell would break loose to the full extent of the UCMJ. If the civilian police are less trained in safe use of a firearm they should have their sidearms, rifles and shotguns locked up and allowed only baton and other non lethal weapons.

    LEO, taxi driver, farmer, butcher, baker or candlestick maker, if they cannot use their tools safely need to find another occupation for the good of society. If they neglect that simple duty they need to be removed from society.

    Selena
     
    Last edited: Sep 9, 2007
  11. GRB

    GRB member

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    Actually they should have done absolutely nothing to the snake. There was no reason to do anything. They could have called in someone to see if it was a venomous species, and then had it removed as a nuisance, but that would be about it. They seemed to have panicked right along with the propery owner, whom if I recall, agreed they should shoot it. It was an extremely bad call to start trying to shoot it, a worse call because they did not have a proper backstop, and made worse still because of in whom the bullet wound up. Yes, I believe they deserve every charge placed against them, and if found guilty, I beleive they deserve that too. I also believe the property owner should be charged as in aiding and abetting.

    All the best,
    Glenn B
     
  12. lacoochee

    lacoochee Member

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    I think second degree manslaughter is very appropriate in this case. In fact, they are getting off lightly as far as I am concerned. Shooting up is only done in very controlled circumstances with absolutely nothing more lethal than birdshot or snakeshot (which by the way would have been a good way to get rid of the snake if a firearm just had to be used.) They should have known better, they killed a five year old boy, just let that sink in for a moment, he was fishing with his Grandpa and then he was dead. :( Damn, think I will go hug my three year old now.

    Yep, seems appropriate to me.
     
  13. kungfuhippie

    kungfuhippie Member

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    They made choices that contradicted their training, and the choices were plain dumb. I swear every year they even play those commercials before new years and independence day telling you to not shoot into the air. So now they must pay for their negligence. It's too bad their poor judgment resulted in a dead little boy, but it did. People must take responsibility for their actions. A great saying is;
    "think twice before speaking, thrice before acting"
    when you do this often you can avoid stupid reactionary choices.
     
  14. pax

    pax Member

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    I am personally eating crow on this one, being among those who thought charges would never be filed.

    Mea culpa, mea maxima culpa.

    pax
     
  15. revjen45

    revjen45 Member

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    A peon who did this would have been fried for negligent homicide. We always hear about how well trained the police are, so they had no excuse for such stupidity.
     
  16. elrod

    elrod Member

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    And it's all just failure to observe rules #2 and 4. Simple rules with profound penalities for nonobservation. How sad.
     
  17. Car Knocker

    Car Knocker Member

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    What's the definition of negligent homicide in Oklahoma?
     
  18. lamazza

    lamazza Member

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    Very sad story. Terrible for all involved.
     
  19. thexrayboy

    thexrayboy Member

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    Stupid is supposed to hurt. Its supposed to cost you something when you do something stupid. Thats how mother nature teaches those who whose learning curve is more of a plane.

    What these two officers did was stupid. Plain and simple. The consequences of their stupidity was tragic beyond words. They need to suffer serious consequences for their actions. The charge as stated is probably appropriate. If they are convicted and serve meaningful time justice may be served. We will see if they actually are sentenced to real time. The possibility of prison time is not a guarantee.
     
  20. lacoochee

    lacoochee Member

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    They are essentially charging them with negligent homicide, that's the definition of second degree manslaughter as I posted it above. When I "googled" for the Oklahoma interpretation of second degree manslaughter, it came up a lot in association with drunk driving incidents that resulted in a death.

     
  21. Henry Bowman

    Henry Bowman Senior Member

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    There you go, pax. ;)

    Names for charges (crimes) vary from state to state, but it seems more like negligent or reckless homicide that man2. I mean that as man2 being what would seem like a higher charge. Man1 is usually "I shot in passion but didn't intend to kill," where man2 is usually "I pointed the gun at him, but didn't mean to shoot." To me, negligent is "an accident that could hve been avoided by taking proper care."
     
  22. Blackfork

    Blackfork Member

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    Damaging Police credibility.

    These officers are demeaning policing and destroying public trust. It's not anyone ELSE doing it. It's the police themselves.

    Huge tragedy all around. For all of us. Destroyed credibility is very hard to recover. Dead children are lost forever.

    If I was a judge I would be tempted to fry these guys, to bolster confidence in the justice system and law enforcement.
     
  23. Henry Bowman

    Henry Bowman Senior Member

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    And if I had pulled the trigger, I would be in a mental institution on suicide watch. It's sad, very sad no matter how you look at it.
     
  24. jerkface11

    jerkface11 Member

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    I hope pax brought enough crow for both of us.
     
  25. Robert Hairless

    Robert Hairless Member

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    I haven't seen a maxima culpa in years. I thought they were extinct or at least an endangered species. Never saw one in a gun forum ever. Saw a Mia Farrow once but that's entirely a different species.
     
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