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5-year-old shot and killed
Daily Oklahoman ^ | August 4, 2007 | Johnny Johnson

Posted on 08/04/2007 5:44:25 PM PDT by cashion

NOBLE — The first shot was so loud it made the hair stand straight up on Jack Tracy's arm. The bullet hit the water just a few feet in front of the boat dock where he was standing.

Instinctively, he pulled his 5-year-old grandson, Austin Haley, close to his left side and began yelling that there were people down by the pond.

Then came the second shot, and the unforgettable thump of a 9 mm bullet penetrating a young boy's skull.

"It went right through the back of his head and came out the front,” Tracy said. "He was just bleeding severely and I knew, right then, he was most likely dead, right there.”

Tracy thought he and his grandson were under attack by someone trying to kill them both, so he threw the boy into the back of a 4-wheeler and drove to his daughter's house about 200 yards away.

"Then two officers came out of the brush over there,” he said. "They didn't tell us they were the ones who had been shooting or that they had shot him. They didn't admit a doggone thing.”

Much later, Tracy said, he found out one of the officers had fired two shots in the Crest Lane neighborhood, trying to kill a snake that had become lodged in a birdhouse on the back porch of a house just up the hill from Tracy's pond.

‘I just feel really bad' Police had gotten a call of a snake complaint from a woman on Crest Lane, whose 16-year-old daughter saw the snake hanging about 3 feet of its body outside a neighbor's bird house.

The woman, who would not identify herself, told The Oklahoman she called the police station to see if animal control could respond and take care of the snake, which she believed to be a diamondback rattlesnake.

She was told that the city, which lost its only animal control officer recently, would send a police officer over to help.

"This was just a freak and tragic accident,” the woman said, "and I just feel really bad for everyone involved.”

Other neighbors weren't as sympathetic.

Crest Lane resident Kara Johnson said there was no excuse for shooting a gun at a snake in a residential area.

"It's a shame that someone had to lose their 5-year-old child over a snake,” Johnson said. "And that's their only child. They'll never get their kid back.”

Neighbor G.W. Henderson said his wife heard a woman screaming within minutes of the shots.

"She was shouting ‘You shot my boy! You shot my boy!'” Henderson said.

Second shot hit snake City Manager Bob Wade said rumors of overeager Noble officers are inaccurate. "I was told that they tried several ways to get the snake down, but it was still hissing at them and firmly lodged,” Wade said. "What I was told is that the owner of the home either suggested or agreed that they should go ahead and shoot the snake, and then everything happened from there.”

Wade refused to identify the officer suspected of firing the shots but said the officer has been placed on paid administrative leave pending the outcome of the investigation.

Oklahoma State Bureau of Investigation agents were told that officers decided to shoot the animal after being told there was a field behind them, said Jessica Brown, bureau spokeswoman.

"The first shot grazed the snake, and the second killed it,” Brown said.

Wade said he is 90 percent sure that the same bullet that killed the snake also killed Austin, but due to the trajectory of the shot and the fact that Austin and his grandfather were downhill, investigators have to be 100 percent certain.

"This is so bizarre it has to be fully investigated. ... We're pretty sure circumstantially that it is the bullet from the police officer's gun, but it might be a bullet from someone else,” Wade said.

Tracy has little doubt about what happened.

"I was standing right beside him when they shot him in the head,” he said. "There just wasn't anything I could do for this baby. He was dead. And he was just the finest Christian boy. His mother just bought him a Bible not a week before this — he wanted one that was camouflage because he was in the Lord's army.'”

Tracy said that when he saw the news reports and heard the police chief saying it was an "unfortunate accident,” the remark seemed too trivial and dismissive.

. "I'm not saying the cop shot him on purpose,” Tracy said. "It was an accident. But let me tell you — if I had a kid and put him in this car and didn't put him in a car seat and he got killed on the way to town, they'd charge me with murder ... and what this cop did is a lot worse than that. ... There was no reason for him to kill my grandson.”


TOPICS: News/Current Events; US: Oklahoma
KEYWORDS: bang; banglist; donutwatch; leo
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I would think one would use a shotgun with proper size shot to kill a snake, not a 9mm pistol, especially if you aren't paying attention to what is beyond your target.
1 posted on 08/04/2007 5:44:31 PM PDT by cashion
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To: cashion

Prayers for the boy and his family, and the cop that royally screwed up.


2 posted on 08/04/2007 5:45:47 PM PDT by cashion
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To: cashion
Some morons somehow become police officers.

A 9mm is never, ever an appropriate weapon with which to shoot at snakes — and certainly not in an area where there might be other people.

3 posted on 08/04/2007 5:49:09 PM PDT by vetsvette (Bring Him Back)
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To: cashion
Awful sad. Big lawsuit for sure.

You are correct about the shotgun though. Doesn't have the range the 9mm does.

But hindsight is 20/20.

4 posted on 08/04/2007 5:49:31 PM PDT by b4its2late (Don't get married. Find a woman you hate and buy her a house. It's a lot easier on you.)
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To: cashion

Next time use a .22 with snake shot.


5 posted on 08/04/2007 5:51:45 PM PDT by NapkinUser ("The House will pass S1348 and the president will sign it into law. It's a done deal." -B. Chezwick)
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To: nnn0jeh

ping


6 posted on 08/04/2007 5:51:52 PM PDT by kalee (The offenses we give, we write in the dust; Those we take, we write in marble. JHuett)
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To: vetsvette
Don’t see a rattlesnake as cause to use deadly force, especially to start firing 9mms around. They come on my mom’s property all the time. We Zell Miller ‘em...
7 posted on 08/04/2007 5:52:52 PM PDT by zencat (The universe is not what it appears, nor is it something else.)
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To: cashion

Prayers offered for this devasted family.


8 posted on 08/04/2007 5:55:12 PM PDT by sweetiepiezer (Boycott China)
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To: cashion

Firing weapons in a residential area is never wise.


9 posted on 08/04/2007 5:55:55 PM PDT by muawiyah
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To: cashion

“We’re pretty sure circumstantially that it is the bullet from the police officer’s gun, but it might be a bullet from someone else,” Wade said.”

Sure... /sarc


10 posted on 08/04/2007 5:56:52 PM PDT by toldyou
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To: cashion

Noble is just up the road a bit from where we live. I wouldn’t judge this case yet until we know more. On a local newscast, things were lots murkier than this article would suggest—for instance, they said on the broadcast that they knew the officers were there to shoot a snake, yet the child was allowed to be (too) close to the action. So let’s see.

But personally, why call anyone to shoot a snake at all? Just do it yourself. (And take note of where the kids are!)


11 posted on 08/04/2007 5:57:31 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: cashion
"I just feel really bad"

Were it you or I we'd be in jail charged with at least aggravated manslaughter. The cops get a 'my bad'.

12 posted on 08/04/2007 5:57:40 PM PDT by steveo (Time flies like an arrow, fruit flies like a banana.)
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To: muawiyah

It’s mostly country where they were. Houses are pretty far apart, and it was near a pond.


13 posted on 08/04/2007 5:58:21 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: steveo

Manslaughter, hell. We’d be looking in the phone book under capital defense attorneys.


14 posted on 08/04/2007 5:59:23 PM PDT by darkangel82 (Socialism is NOT an American value.)
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To: cashion

That was my first thought. Cop cars have shotguns, why didn’t they use it?


15 posted on 08/04/2007 6:00:02 PM PDT by Harmless Teddy Bear (A good marriage is like a casserole, only those responsible for it really know what goes into it.)
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To: cashion
The key point is being sure what is behind your target. I'm not going to jump on the anti-cop bandwagon but just as the grandfather said, if he had forgotten the kid's seat belt he would probably be charged. I guarantee you that if I shot in my backyard and killed a kid I would be charged, and heavily so.

I might add that in most cases, snakes can be dispatched without using a gun, especially in populated locations.

16 posted on 08/04/2007 6:02:36 PM PDT by Sender (A noble spirit embiggens the smallest man.)
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To: cashion
His mother just bought him a Bible not a week before this — he wanted one that was camouflage because he was in the Lord's army.'”

A camouflage Bible? Seriously?

17 posted on 08/04/2007 6:03:35 PM PDT by raybbr (You think it's bad now - wait till the anchor babies start to vote.)
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To: MizSterious
"It’s mostly country where they were. Houses are pretty far apart, and it was near a pond. "

They shot up in the air w/o being certain where the bullet would go inan area known to be inhabited by people. That's very negligent. See what happens when folks do stuff like that?

18 posted on 08/04/2007 6:05:59 PM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: Sender
That’s what I’m sayin. We’ve had Eastern Diamondbacks, Moccasins, and Copperheads on the property since I can remember. A long stick, and a hoe make quick work of them.
19 posted on 08/04/2007 6:06:12 PM PDT by zencat (The universe is not what it appears, nor is it something else.)
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To: raybbr

http://www.biggameproshop.com/camo-bible.htm


20 posted on 08/04/2007 6:06:41 PM PDT by Hazcat (We won an immigration BATTLE, the WAR is not over. Be ever vigilant.)
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To: raybbr
A camouflage Bible?

Used to work at B&N. People would always ask for it and we'd run out of them constantly. Not sure what the whole thing was about.
21 posted on 08/04/2007 6:08:01 PM PDT by zencat (The universe is not what it appears, nor is it something else.)
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To: cashion
Know your target... and whats behind it.

I guess they missed that lesson at the acadamy.

22 posted on 08/04/2007 6:08:44 PM PDT by skeeter
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To: cashion
Know your target... and whats behind it.

I guess they missed that lesson at the acadamy.

23 posted on 08/04/2007 6:08:47 PM PDT by skeeter
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To: cashion
Know your target... and whats behind it.

I guess they missed that lesson at the acadamy.

24 posted on 08/04/2007 6:08:47 PM PDT by skeeter
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To: spunkets

D*mned if you do, d*mned if you don’t—if the rattler had bitten the girl because they didn’t want to shoot it, then everyone would blame them for that. I’m saying, let’s wait and see what comes out. The stories aren’t quite the same.


25 posted on 08/04/2007 6:09:23 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: MizSterious
AI teach Hunter safety and one of the main graphs we us is one that shows just how far a discharged bullet will travel from different calibers of firearms.
This cop is a stupid moron!!!!! He knew better and he fired the shot anyway. I don’t want to hear about an accident. This is at the very least criminal negligence!!!! A child is very dead because this cop failed to makes sure of what was in his line of fire. The story states that the snake was lodged which means it was not going anywhere. The cop could have gone and looked at what was downrange before he pulled the trigger. He did not look. They should wrap his gonads in piano wire and jerk him into a hanging position.
26 posted on 08/04/2007 6:09:33 PM PDT by oldenuff2no
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To: Harmless Teddy Bear
Cop cars have shotguns, why didn’t they use it?

Buckshot (which is likely to be all they carry) would be about as dangerous as shooting 9mm

A civilian shotgun loaded with light skeet load would have been better

27 posted on 08/04/2007 6:10:36 PM PDT by SauronOfMordor (Open Season rocks http://www.youtube.com/watch?v=ymLJz3N8ayI)
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To: raybbr

I’ve got a camo New Testament.


28 posted on 08/04/2007 6:11:18 PM PDT by BenLurkin
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To: MizSterious
"D*mned if you do, d*mned if you don’t—if the rattler had bitten the girl because they didn’t want to shoot it, then everyone would blame them for that."

A gun's not the only tool in the toolbox and shouldn't be used in an unsafe manner at any time.

29 posted on 08/04/2007 6:11:36 PM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: cashion

How about just a f’in shovel.


30 posted on 08/04/2007 6:12:46 PM PDT by Westlander (Unleash the Neutron Bomb)
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To: MizSterious
On a local newscast, things were lots murkier than this article would suggest—for instance, they said on the broadcast that they knew the officers were there to shoot a snake, yet the child was allowed to be (too) close to the action. So let’s see.

If you're talking about any of our local OKC news station broadcasts, I wouldn't put much credence to their report. I've been personally involved with more than one aired story where they've managed to screw up the simplest details. It is very rare that you'll ever see a retraction or correction from those jokers.

31 posted on 08/04/2007 6:13:33 PM PDT by cashion
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To: cashion

This has happened to me. Thankfully no one was hurt.

Always know what is downrange.


32 posted on 08/04/2007 6:13:56 PM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: skeeter
Good advice and well worth repeating!

;^)

33 posted on 08/04/2007 6:14:04 PM PDT by BenLurkin
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To: oldenuff2no

Oh, c’mon, he’d have had to trudge through a lot of brush. I know this area, and it’s bad enough once outside of the yard that prisoners nearby usually don’t even bother to try to escape, and if they do, they don’t last long before turning themselves in. Brambles, poison vines, snakes, and ticks big enough to carry off the cop car, just for starters.

No, what the cop should have done was tell the woman the snake was her problem.


34 posted on 08/04/2007 6:14:21 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: cashion

The Daily Oklahoman is no better. That’s why I said, let’s wait and see what comes out. ONE of the people who disagreed with the story as stated above was the grandfather himself, in an interview.


35 posted on 08/04/2007 6:16:25 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: cashion

If you don’t know what’s beyond your target, you don’t shoot. Simple stuff, and probably the second thing I learned about shooting (first being to treat every gun as if it’s loaded). The officer was criminally negligent.


36 posted on 08/04/2007 6:17:22 PM PDT by NittanyLion
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To: spunkets

I agree. We usually use a garden hoe, but this snake WAS in a birdhouse, hard to get a garden hoe into a bird house.


37 posted on 08/04/2007 6:18:16 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: SauronOfMordor
Then unload it and use it as a club.

A civilian shotgun loaded with light skeet load would have been better

Much. I wonder if this is a case of where, "If you have a hammer every problem looks like a nail".

38 posted on 08/04/2007 6:20:21 PM PDT by Harmless Teddy Bear (A good marriage is like a casserole, only those responsible for it really know what goes into it.)
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To: cashion
Tragic, tragic! The snake was in a bird house, I don’t think rattle snakes climb up poles, but a chicken snake would. They aren’t poisonous. The officer was a moron if he shot up in the air not knowing where his bullet would land. We used to live out in the country on a creek. People would come out from town to hunt and didn’t know there were houses across the creek. I have had shot gun pellets hit all around me but no rifle or pistol shots came close that I know of. I can’t remember how many times I called the sheriff, many many times.
39 posted on 08/04/2007 6:20:32 PM PDT by Ditter
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To: zencat

I think it is for the military look rather than to camouflage.


40 posted on 08/04/2007 6:21:13 PM PDT by doc1019 (Fred Thompson '08)
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To: MizSterious
We usually use a garden hoe, but this snake WAS in a birdhouse, hard to get a garden hoe into a bird house.

I sympathize, but I wouldn't start popin' off 9mm caps for a snake in a bird house.
41 posted on 08/04/2007 6:23:32 PM PDT by zencat (The universe is not what it appears, nor is it something else.)
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To: zencat

I wouldn’t be calling 911 to come kill a snake for me either. My guess? The woman who called is a recent transplant from the city, and despite claiming to love “nature” is scared spitless of it.


42 posted on 08/04/2007 6:25:06 PM PDT by MizSterious (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: MizSterious

Was it really a rattle snake? I don’t think they climb poles. Chicken snake more likely if it was hanging out 3 feet, they get long and can climb anywhere but would have only hurt the birds.


43 posted on 08/04/2007 6:25:46 PM PDT by Ditter
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To: cashion
I would think one would use a shotgun with proper size shot to kill a snake, not a 9mm pistol...

Bingo.

44 posted on 08/04/2007 6:26:49 PM PDT by Cobra64 (www.BulletBras.net)
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To: Harmless Teddy Bear

If you had the leisure of waiting for a cop to arrive, then you had time to duct-tape a kitchen knife to a broom handle, if no better solution was at hand


45 posted on 08/04/2007 6:27:06 PM PDT by SauronOfMordor (Open Season rocks http://www.youtube.com/watch?v=ymLJz3N8ayI)
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To: Sender

Two things wrong with this. 1. The cops should have looked for themselves to see that there was no one behind their target. 2. They should have used a shotgun or other means to kill the snake. There are handgun shells readily available that have shotgun pellets instead of a bullet. It turns your handgun into a small shotgun. It is much easier to kill a snake with that and more importantly, there is no bullet flying for 1,000 feet or more. And a bullet could ricochet off the ground and go in any direction, which is I guess must have happened here. How senseless.


46 posted on 08/04/2007 6:28:53 PM PDT by Wilhelm Tell (True or False? This is not a tag line.)
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To: NapkinUser
Next time use a .22 with snake shot.

Cops don't carry .22s.

47 posted on 08/04/2007 6:29:03 PM PDT by Cobra64 (www.BulletBras.net)
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To: cashion

For a wedged snake, a set of pruning shears or hedge clippers woud do a quick and SAFE job of it. One bad misjudgement costs a young life; prayers up for all involved.


48 posted on 08/04/2007 6:32:28 PM PDT by JimRed ("Hey, hey, Teddy K., how many girls did you drown today?" TERM LIMITS, NOW!)
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To: MizSterious
"hard to get a garden hoe into a bird house. "

Hard to get a dangerous snake into a birdhouse also. I wonder how they got the birdhouse up there in the first place. Suppose they used a ladder? I'm sure there was something there to whack, or rope it with it with.

49 posted on 08/04/2007 6:33:00 PM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: MizSterious

This cop was shooting at a birdhouse with no idea what was behind it? He killed a little boy and you’re defending him? I’m having trouble believing your attitude. Are you related to this cop or something? Imagine if the homeowner had done something this stupid. What do you think should happen to him?


50 posted on 08/04/2007 6:35:23 PM PDT by ozzymandus
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