Stray bullet fired by police officer kills 5 year old boy

[Liberty]

I'd say the family feels FAR worse and will suffer many more sleepless nights than the cops. Slap on the wrists...................

Slap on the wrist ... tossing them into jail or giving them the needle.. Nothing is going to bring the child back. Nothing is going to make Dad feel any better.

[phddan]

Emotions run high at Noble police shooting hearingRelated Information

By Jennifer Griswold
Staff Writer
NORMAN -- A Cleveland County judge today said he would take the weekend to decide how to sentence two former Noble police officers charged in the death of 5-year-old Austin Haley.



After listening to two hours of emotionally charged testimony from the child's family and the police officers, District Judge Tom Lucas recessed a disposition hearing for Paul Bradley Rogers, 34, and Robert Shawn Richardson, 29, until 10:15 a.m. Monday.

"In all my years, this is the most emotional testimony and statements I've ever heard. I believe a judge should make a decision based not on emotion but with a clear head, so I will take the weekend to think it over," District Judge Tom Lucas said.

Lucas said he has to decide whether to accept the terms of a plea agreement negotiated between the prosecutor and defense attorneys. Assistant District Attorney David Brockman has offered the men two-year deferred sentences in exchange for their no contest pleas. Both also would be fined $1,000 and have to forefeit their police certifications.

Austin Haley was killed when a stray bullet from one of the officer's guns struck him in the head while he was fishing with his grandfather Aug. 3. The officer was shooting at a snake in a birdhouse in a neighbor's yard.

The child's family, including his parents, grandparents, great-grandparents and others, have asked the judge to consider jail time for the former police officers and possibly a suspended, rather than deferred sentence.

Both officers cried as they apologized to the family. Both swore they never wanted to serve as police officers again.

[hoss4570]

Both officers cried as they apologized to the family. Both swore they never wanted to serve as police officers again.

THEY cried, I feel so sorry for them.

[Charles L. Cotton]

Both officers cried as they apologized to the family. Both swore they never wanted to serve as police officers again.

THEY cried, I feel so sorry for them.

I do.

Chas.

[Keith B]

Both officers cried as they apologized to the family. Both swore they never wanted to serve as police officers again.

THEY cried, I feel so sorry for them.

I do.

Chas.

Me to. These guys made a terrible mistake that they have to live with for the rest of their lives. It was poor judgment to not know your backstop, but the end result was accidental.

[phddan]

By Jane Glenn Cannon
Staff Writer
NORMAN — A Cleveland County judge deferred sentencing this morning for two former Noble police officers charged in the shooting death of a 5-year-old boy but ordered longer terms of probation than what was called for in an original plea agreement .

District Judge Tom Lucas deferred sentencing for two 1/2 years for Paul Bradley Rogers, 34, and for five years for Robert Shawn Richardson, 30. Richardson was Rogers' supervising officer who gave the order to shoot at a snake Aug. 3. A stray bullet killed Austin Haley who was fishing with his grandfather down the hill from where the officers where trying to get the snake out of a birdhouse.

Lucas also assessed fines against the former police officers and ordered them to relinquish their police certifications.

The judge announced this morning he was not going to abide by a plea agreement that would have given the men two-year deferred sentences in exchange for their no-contest pleas to second-degree manslaughter.

The officers could have withdrawn their pleas after hearing the judge's pronouncement but decided to go ahead with sentencing, without knowing what sentence Lucas would assess.





Does not surprise me one bit that the judge went easy on these two cops.
And as for crying on the stand and looking pitiful, you can bet their lawyers coached them real good on how to pull that off.
And I also don't buy into comparing it to a hunting accident. Shooting UP in the air is just plain negligent. It's not like they had a richochet off the ground. Those cops deliberatly and with forthought, decided to shoot UP without knowing what was behind thier target.
How many people, not cops or politicians, get royaly hammered in court, but are genuinely remorseful, and really do feel feel absolutely gutted?
You see it all the time in the news of cops, politicians, and the rich or famous, getting off or extremely light verdicts for what the average joe gets hammered.
Sleazy. Just down right sleazy.

Dan

[carlson1]

I doubt the shooting of the boy was intentionally. I also have no doubt that the shooting was a bad judgment call. So none of you know how these guys feel. I know if I had shot and killed a child not intending to it would break me. I have to agree with Mr. Cotton. I feel sorrow for them.

[LarryH]

I have to agree with Mr. Cotton. I feel sorrow for them.

So do I -- just not as much as for the child's family.

[phddan]

The family of Daniel Galicia said they hoped the new law would prevent another tragedy from happening.
Related Links
Aug. 7, 2007: Neighbor arrested for shooting death of 7-year-old
An effort to ban firearms shooting on small residential lots was defeated in Hays County Tuesday night.

"Daniel's Law" was proposed after a seven-year-old Daniel Galicia was shot and killed accidentally by a neighbor who was shooting at targets nearby almost one year ago.

Because of this, some Hays County Commissioners are trying to ban shooting on lots smaller than two acres in unincorporated areas of their county, even though a majority of the commissioners court disagreed.

Galicia was killed while playing on a trampoline in his backyard, from a bullet that deputies say came from 37-year-old Jose Espitia’s gun.

Galicia's cousin says shooting in the area has never stopped.

“Yesterday my brother was outside and his other brother and two more little boys were outside, and they heard shooting and ran inside because now they can't even be outside when they hear shooting,� Beatriz Diaz said.

Two Hays County Commissioners attempted to make it stop by proposing a limited shooting law that gained little support.

When the shooting ban proposal came up for consideration, it was defeated on a vote of 2 to 3. Some commissioners said they weren't convinced it would make people safer, and were apparently swayed by the fact there wasn't a single member of law enforcement in the audience showing their support.

Daniel Galicia’s family says they were shocked.

“Actually we thought they were going to pass it but they didn't. We were just sad because they didn't pass it. They're still shooting around and [children] are not going to want to be outside until it stops,� Diaz said.

Galicia's parents are not giving up. They say they will continue to try and get a law passed banning shooting so close to family homes.

In the meantime: a Hays County grand jury indicted Jose Espitia on manslaughter charges. No trial date has yet been set.






I don't remember anybody feeling sorry for Jose, and thinking he needs to get off with a slap on the wrist.

Dan

[Charles L. Cotton]

The family of Daniel Galicia said they hoped the new law would prevent another tragedy from happening.
Related Links
Aug. 7, 2007: Neighbor arrested for shooting death of 7-year-old
An effort to ban firearms shooting on small residential lots was defeated in Hays County Tuesday night.

"Daniel's Law" was proposed after a seven-year-old Daniel Galicia was shot and killed accidentally by a neighbor who was shooting at targets nearby almost one year ago.

Because of this, some Hays County Commissioners are trying to ban shooting on lots smaller than two acres in unincorporated areas of their county, even though a majority of the commissioners court disagreed.

Galicia was killed while playing on a trampoline in his backyard, from a bullet that deputies say came from 37-year-old Jose Espitia’s gun.

Galicia's cousin says shooting in the area has never stopped.

“Yesterday my brother was outside and his other brother and two more little boys were outside, and they heard shooting and ran inside because now they can't even be outside when they hear shooting,� Beatriz Diaz said.

Two Hays County Commissioners attempted to make it stop by proposing a limited shooting law that gained little support.

When the shooting ban proposal came up for consideration, it was defeated on a vote of 2 to 3. Some commissioners said they weren't convinced it would make people safer, and were apparently swayed by the fact there wasn't a single member of law enforcement in the audience showing their support.

Daniel Galicia’s family says they were shocked.

“Actually we thought they were going to pass it but they didn't. We were just sad because they didn't pass it. They're still shooting around and [children] are not going to want to be outside until it stops,� Diaz said.

Galicia's parents are not giving up. They say they will continue to try and get a law passed banning shooting so close to family homes.

In the meantime: a Hays County grand jury indicted Jose Espitia on manslaughter charges. No trial date has yet been set.






I don't remember anybody feeling sorry for Jose, and thinking he needs to get off with a slap on the wrist.

Dan

Here is an excerpt from article from one of your own posts.

By Jennifer Griswold
Staff Writer
NOBLE — A police bullet that killed a small boy last week had been aimed at a black rat snake, a Norman animal control officer said Tuesday.

. . .
The Noble Police Department's Police and Procedures Manual says "firearms may be used to destroy an animal that represents a threat to public safety.�

The manual states "firearms shall not be discharged when it appears likely that an innocent person may be injured.�

. . .

Here is an excerpt from another article from one of your posts:

Noble officers charged

By Tom Blakey

Transcript Staff Writer

Prosecutors filed second-degree manslaughter charges Friday against two Noble police officers in an accidental shooting Aug. 3 that claimed the life of 5-year-old Austin Haley of Noble.

. . .

The two officers first attempted to remove the large black snake from the birdhouse using “a yard implement handle and a police asp baton,� but were unsuccessful. The snake was hanging, headfirst, approximately one foot and 10 inches out of the birdhouse entrance, hissing at the officers, the OSBI report states.

Richardson told the other officers, “I guess we’ll have to shoot it.� The officers then asked a neighbor if there was anything in the area behind and east of the residences, and were told it “was all field and there was nothing in the heavily wooded area.�

Richardson then told Rogers to kneel down so he could shoot at the snake. An eyewitness said she heard the officers “discuss shooting toward a large tree, which she understood to mean they wanted to use the tree to stop the bullets.�

. . .

The two fact patterns are not remotely on point. Mr. Espitia was target shooting in his backyard for fun; the officers were responding to a call for help. Mr. Espitia wasn’t responding to a perceived (though not actual) threat to humans; Mr. Espitia didn’t check to see if the shot-fall area was safe or occupied as did the officers; Mr. Espitia didn’t take any action in an attempt to have a good backstop for shots fired, as did the officers; Mr. Espitia didn’t attempt to poke holes in his target with something other than a firearm before shooting, as did the officers.

Although their efforts proved ineffective, the officers did attempt to make sure the area was clear and that the shots fired would hit a backstop. Mr. Espitia took no actions in the name of safety.

The shooting was tragic and reasonable minds can differ on whether the officers should have been charged and whether the plea bargain is just. But to argue that the officers are not devastated by the death of the child, or that their tears in court were some charade their lawyer concocted is absurd! If you ever have the misfortune to negligently cause a major car accident in which a child is killed, are we to assume that any tears you shed will be feigned? It is a mighty unforgiving standard you are imposing on two negligent but grief-stricken officers; I wonder if you will hold yourself to the same standard.

Chas.

[phddan]

All right. I give up. You win.

Dan

[hoss4570]

I still don't feel sorry for them. I wonder if these bleeding hearts would feel sorry for them if they had of accidently killed this boy while driving drunk?? Huh?????? Both a "mistake in judgement", as you put it. I feel for the boys family. I feel no pity for two STUPID leos that should'nt have been turned loose with guns anyway. People who obviously know nothing about guns, which is evident, ought to be selling shoes or hamburgers, not carring guns. Some people are too stupid to be turned loose with a dangerous weapon. My dad taught me you ALWAYS know where your bullet will go before you pull the trigger. Any doubt, DON'T SHOOT!!!!!!!!!!

[Wildscar]

I still don't feel sorry for them. I wonder if these bleeding hearts would feel sorry for them if they had of accidently killed this boy while driving drunk?? Huh?????? Both a "mistake in judgement", as you put it. I feel for the boys family. I feel no pity for two STUPID leos that should'nt have been turned loose with guns anyway. People who obviously know nothing about guns, which is evident, ought to be selling shoes or hamburgers, not carring guns. Some people are too stupid to be turned loose with a dangerous weapon. My dad taught me you ALWAYS know where your bullet will go before you pull the trigger. Any doubt, DON'T SHOOT!!!!!!!!!!

I recommend that you pick you words a bit more careful. What if some anti gun wing nut swoops in here and reads a post by a CHL holder saying that "Some people are too stupid to be turned loose with a dangerous weapon." They could take that and twist it to say even people who support the 2nd amendment don't think it should apply to everyone.

And your other comment about knowing where you bullets are going to go really can apply. They both thought that the bullet was going to go in to the snake. They had no doubt so they took the shots.

Here is a hypothetical scenario. Lets say you go to the range one day as you normally do. While sending lead down range one of the bullets some how ricocheted off the back stop in such and angle that makes it come back with enough force to kill someone else on the line. Even though in the end it might be the ranges fault for the ricochet it still came out of you firearm. A bullet that you loaded in to the mag and inserted into the gun a pulled the trigger knowing full well that it was going to go down range. How would that make you feel?

[hoss4570]

I still don't feel sorry for them. I wonder if these bleeding hearts would feel sorry for them if they had of accidently killed this boy while driving drunk?? Huh?????? Both a "mistake in judgement", as you put it. I feel for the boys family. I feel no pity for two STUPID leos that should'nt have been turned loose with guns anyway. People who obviously know nothing about guns, which is evident, ought to be selling shoes or hamburgers, not carring guns. Some people are too stupid to be turned loose with a dangerous weapon. My dad taught me you ALWAYS know where your bullet will go before you pull the trigger. Any doubt, DON'T SHOOT!!!!!!!!!!

I recommend that you pick you words a bit more careful. What if some anti gun wing nut swoops in here and reads a post by a CHL holder saying that "Some people are too stupid to be turned loose with a dangerous weapon." They could take that and twist it to say even people who support the 2nd amendment don't think it should apply to everyone.

And your other comment about knowing where you bullets are going to go really can apply. They both thought that the bullet was going to go in to the snake. They had no doubt so they took the shots.

Here is a hypothetical scenario. Lets say you go to the range one day as you normally do. While sending lead down range one of the bullets some how ricocheted off the back stop in such and angle that makes it come back with enough force to kill someone else on the line. Even though in the end it might be the ranges fault for the ricochet it still came out of you firearm. A bullet that you loaded in to the mag and inserted into the gun a pulled the trigger knowing full well that it was going to go down range. How would that make you feel?

Hypothetical situation, I don't do hypothetical situations. And Some people ARE too stupid to be turned loose with a gun. You don't really think that EVERYBODY has the right to own a gun????I know people who should not be in possition of a sharp stick, let alone a gun.

[hoss4570]

People who obviously know nothing about guns, which is evident, ought to be selling shoes or hamburgers, not carring guns. Some people are too stupid to be turned loose with a dangerous weapon. My dad taught me you ALWAYS know where your bullet will go before you pull the trigger. Any doubt, DON'T SHOOT!!!!!!!!!!

So you don't believe in the 2nd Amendment! WOW! According to your philosophy people who lack knowledge should not be driving, getting married, or protecting themselves. I wonder how we set up a test for STUPID? I guess everyone should just cook hamburgers.

Both a "mistake in judgement", as you put it. I feel for the boys family. I feel no pity for two STUPID leos that should'nt have been turned loose with guns anyway.

A mistake in judgment or lapse in judgment will get you a speeding ticket. So everyone who has had a speeding ticket is "too STUPID" and "shouldn't have been turned loose" in a 3000 dangerous weapon.

Your not really that dumb, are you???WHERE did I say I do not bel;ieve in the second amedment????? I just think that before you own a gun or carry a gun you should have sence enough to use it.Dadgum, surly you don't want to turn just anybody loose with a gun. A little training, even if it was from your dad like mine was, you know, like safty first, finger out of the trigger well, don;t shoot untill your sure of your target, KNOW WHERE YOUR BULLET WILL GO, you know, little things like that.