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Stray bullet kills 5-year-old boy



By AP Wire Services


NOBLE (AP) -- A stray bullet fired by a police officer trying to shoot a snake hit and killed a 5-year-old boy fishing at a nearby pond, officials said.

Austin Haley was fishing with his grandfather, Jack Tracy, Friday evening when Tracy said he heard a shot and saw a bullet hit the water just a few feet in front of the boat dock where he was standing.

Moments later, a second shot was fired that hit Austin in the head.

A Noble police officer who had responded to a report of a snake in a tree apparently fired the deadly shot while trying to kill the snake, according to City Manager Bob Wade.

Tracy said he initially thought he and his grandson were under attack by someone trying to kill them, so he put 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 told The Oklahoman. "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."

The boy was taken to an Oklahoma City hospital, where he was pronounced dead.

A resident of the Crest Lane neighborhood called police after finding a large snake in a tree, Wade said.

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

"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.

A state investigation has been launched into the shooting, and it appears the fatal shot was fired by the officer, said Oklahoma State Bureau of Investigation spokeswoman Jessica Brown.

"We have no reason to believe it's not," Brown said. "But there certainly will be an investigation."

Tracy has little doubt about what happened.

"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."


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Ralph Corple, Stow,Ohio (3 years ago)
So sad...

my heart goes out to the family...The officer had no reason to pull his gun...nobodys life was in immediate danger.

He should at min loose his job...these people lost a whole lot more because of his carelessness.

JB, (3 years ago)
My heart goes out to the family. Has this been someone other than a police office they would have been arrested and their picture all over the news.
JC, Oklahoma City (3 years ago)
I will keep you in are prayers. God just added another angel to his army.
shannon, broken arrow (3 years ago)
im so sorry for your loss its a horrible thing the police officer that did this to your son and family should have to pay the price just like a criminal there was no reason for a gun to be used in this sitiuation a snake thats in a tree is not the same place as your son was how does he explain this... now for you you have to forgive him god says forgive your transgressor as he forgives your trangression it may be hard to loose a son but remember god lost a son to he knows how you feel.. i to know how you feel ive lost a child before,again im so sorry for your loss i will keep you in my prayers and thoughts shannon
Frito Pendejo, Tulsa (3 years ago)
This cop should be put in prison for the rest of his life. Cops are given special privileges, and since they have these privileges they should be held to a higher standard. My guess is this cop will get a paid "leave" (vacation) and will be back on the job by the end of the summer.
LJ, (3 years ago)
Someone, please tell me, what idiot calls the police because they have a snake in their tree?

My prayers are with the family of Austin Haley.

Clark, Baton Rouge (3 years ago)
Who to blame? Why call the "police" for a snake in the tree? Why "send" cops to a snake in the tree? They are not trained or equipped for this. Why would you shoot at a snake? Just stay away from it! Every shot fired must be accounted for. At least that part should have been trained. Obviously that was forgotten.
Gold Star, Tulsa (3 years ago)
I am a Tulsa Police Officer and I have been called on snakes, possums, etc that were loose in people's houses. I certainly didn't pull my Glock out to take care of them. I called animal control!! I would think a garden hoe would take care of a snake if I felt like it needed to be killed!! Unless it was a snake like in the movie Anaconda I don't have a clue why he would start shooting at it!
mdn, (3 years ago)
I am also a police officer but in a different state. On a routine basis we are called to euthanize animals that have been struck by vehicles. The only option we have is to use our weapon and shoot them. I cant believe how I would be feeling if I had caused this. My thoughts and prayers not only go out to the boys family but to the officer as well.
Jeff, (3 years ago)
Is the cop going to claim self defense since a snake was in a tree? Give me a break. There was no reason to shoot the thing and if you do shoot it a responsible person would have insured there was no one in the path of the bullet. The cop needs to have a new job as a license plate maker in our corrections system.
George, Monticello (3 years ago)
This should affect everyone in the department that was responsible for putting this officer on the street, from the Chief to the training officer. Any police officer that would discharge a firearm without knowing where his bullets might land should be held criminally responsible. What type of policies are in place for dealing with wildlife? Did he have some sort of snake phobia? What a tragedy.
Gene, Gainesville (3 years ago)
Anyone but a cop would now be in jail, and his identity would be known to the public. A cop gets a vacation and the thin blue line of silence. This is part of how we are living in a police state. One set of rules for the serfs, another for the gang with a monopoly on the initiation of force.
Roger, Tulsa (3 years ago)
Why would you shoot a solid bullet at a snake when you could use shot shells If you had to shoot a snake?
Gary, (3 years ago)
After visiting the family and viewing the area first hand I see no way to justify this shooting. The lady that had called the police had asked for an animal control officer which was probably the proper thing to do. Noble officials had no animal control so they sent two police officers to the scene a senior officer and another officer. Either the lady that had called the police or the home owner had placed a hoe, a rake, a set of long handled hedge shears out to use to kill or remove the snake before the officers arrived. The bird house was a small 4×6 inch birdhouse placed on the corner of a patio under an eve about 7 feet above the ground. The snake was a harmless king snake that had been seen in the garden several times by the childs parents, it had apparently swallowed some bird eggs or small birds and could not get back out of the birdhouse now that it was swollen and was hanging about 3 feet out. With the tools already available for use, how can you justify using a pistol in a residential neighborhood. I will grant the fact that on line-of-sight the child was probably not visible behind weeds and light brush and it appears to be a wooded area. But there was also the sound of the boys mother on a riding mower near by, the boys father in his shop working on a car, not to mention there could easily be livestock, it should have been obvious there were people behind the brush. All of these were in the immediate area in the general direction of the direction he chose to shoot.There are several other homes accross and around the pond. Just because you may not be able to see them does not mean there is nothing there. For a senior officer to reccommend shooting the snake with high power bullets was sheer negligence. The boys grandfather a well known attorney in the area thought he was the one under attack and sought to cover the grandchildren, but was to late as a bullet killed the child. How senseless. I thought an officer was only allowed to pull his weapon is if he felt his life was in immenent danger. It would not have been difficult to pin the snake with the rake and remove it or cut his head off with a set of shears. Point being: There were other more viable options than trying to be Wyatt Earp. The fact that two officers could come to the same conclusion to use deadly force is astounding and then say it was the home owners idea must make it ok. I was under the impression they also have rocks and sticks in Oklahoma. Perhaps they should issue BB guns to cops, obviously it would make Noble a safer town.

These officers have murdered my nephew. They have no idea the heart ache they have caused. The struggle this boys family has gone thru with several miscarriages and medical problems to conceive a child to start with. The likely hood that she can produce no more children even if she desires to. The devestation to my brother having to be witness to his grandson having his face blown away and the helplessness of being able to do nothing. The fact that they can try to forgive this officer is impressive. However you can forgive the tresspasser but not necessarily the tresspass. There should be consequences to actions regardless of intent.

My heart goes out to the officer and his family as well. His action will affect himself and his family for the rest of his life as well. He will have to live with himself which in itself will probably be devestating, but it does not excuse the actions of negligence. The senior officer that approved the idea, I hope she can live with herself as well as being part. I am sure we will see lots of finger pointing in the near future at everyone else. I do believe the truth will come out and I sincerly hope that this boy’s faimily gets resolution.

Do the crime, do the time.

CJ, Tulsa (3 years ago)

My prayer goes out to the family.

And I would like to say if the police officer has a conscious he will have to live with this for the rest of his life.

MARGARITA V. BOWERS, AKRON, OHIO (3 years ago)
I am praying for this family who is suffering this terrible loss, with heavy broken hearts.

If those officers had more respect and compassion for people and wildlife, this tragedy would not have happened. The poor snake was in distress, the birdhouse should have been carefully taken down and with some carefully help, the snake could have been set free. If I was there, I would have done it myself. Why are so many people so full of fear and want to KILL? WHY? Most people in this 21st. century have lost touch with nature. Snakes are a part of God's creation, He don't want us to kill and destroy His wildlife. He put them here for a reason, and He gives all creatures life. Snakes get hungry and have to eat, it's called the food chain. It was just doing what a snake does.

Should we kill all animals because they get hungry and want to eat?

Little Austin, and his family was enjoying nature in a peaceful area.

The 2 innocent victims; Austin, and the snake,both had just as much right to live in this world and to be were they were, as anyone else. Were those "trigger happy" officers both mentally unstable or what?

They should be fired and never allowed to ever own a gun.

A cop with a gun and no respect for innocent life is a TOTAL FAILURE!!

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