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Boy's family unhappy with plea agreement for Noble officers
 
By Associated Press
Published: 3/12/2008  5:58 AM
Last Modified: 3/12/2008  5:59 AM

NORMAN -- The family of a 5-year-old boy who was killed when a bullet from a Noble police officer's gun struck him is angry that a plea agreement between the officer and the state requires no jail time.

Cleveland County prosecutors have offered deferred sentences to two former Noble police officers charged with second-degree manslaughter in the Aug. 3 death of Austin Haley.

"It's nothing more than a slap on the wrist, if you ask me," Jack Haley, the boy's father, said Tuesday.

Haley said sentencing for Paul Bradley Rogers, 34, and Robert Shawn Richardson, 29, would be deferred for two years in exchange for them entering guilty pleas. The men also would be fined $1,000 each and ordered to forfeit their state law enforcement certifications, he said.

Assistant District Attorney David Brockman declined to confirm that an offer has been made in the cases.

"We know the family is unhappy, but we can't comment on cases that are pending," Brockman said.

Haley said Brockman and District Attorney Greg Mashburn told the family on Monday about the offer.

The family most objects to the provision that doesn't require the men to serve any jail time, Haley said.

"This sweetheart deal doesn't serve us; it doesn't serve justice, and it doesn't serve the public," he said.

The family still is grieving the loss of a child, Haley said, "and now this. This just makes it worse. We're the victims here, and we don't feel like we have an advocate."

Austin Haley died when a bullet from one of the officers' guns ricocheted and hit him while he was outside fishing with his grandfather. The officers were in a neighbor's yard, firing at a snake in a birdhouse.

Jack Haley said the family wanted the men to serve "maybe 30 to 90 days."

"They killed somebody because of their negligence. They shouldn't get deferred sentences that can be expunged from their record after two years are up," he told The Oklahoman.

Brockman said prosecutors have kept the Haley family informed of the case's progress.

But Haley said until Monday he thought prosecutors were talking about some jail time, "like, maybe 30 days."

On Monday, he said, the family learned that the two men had waived their rights to a preliminary hearing and that a disposition date for the cases had been set.
By Associated Press

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floyd, (3/12/2008 8:00:37 AM)
The agreement says they lose their certification, but doesn't mention if they're barred from seeking police jobs in the future. I'd hope not. Bless the Haley family. I'd have to think if I were one of those officers, that if that's what Mr. Halsey wants, I'd volunteer to spend 30 days in the county jail.
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John, (3/12/2008 9:04:44 AM)
This is very tragic death and my sympathy goes to the family and friends. There is no need for jail, their punishment is sufficient, a record of a conviction of manslaughter, fine and their forfeiting their certifications.
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Hmmm, (3/12/2008 9:15:34 AM)
If I were in my backyard shooting at a snake in a birdhouse, and I accidentally killed my neighbor....I bet I'd get jail time.
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disbelief, tulsa (3/12/2008 9:48:17 AM)
Idiots with guns!
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Windwalker, Tulsa (3/12/2008 10:28:07 AM)
Hey John (#2) if it were your young son who met this same fate would the cops punishment still be sufficient???
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Anthony Bhal, Tulsa (3/12/2008 10:34:29 AM)
I would say yes the punishment is sufficient. There was not an intent to kill the boy. Sure they are guilty of stupid. But locking up stupid doesnt fix it. Just a bad deal all the way around.
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Ben, (3/12/2008 10:58:00 AM)
THROW ALL THE COPS IN JAIL FOR 30 DAYS THEN THEY MIGHT THINK TWICE BEFORE THEY SRE SO QUICK TO THROW OTHERS IN!!! THROW THEM IN JAIL....
Report Comment
sad dad, (3/12/2008 12:01:57 PM)
Having these men serve jail time would not bring back the loss of this child, and their actions showed no malicious intent. They are only guilty of ignorance, and if we are prosecuting ignorance we are really going to have a hard time supporting the state prison system. This ruling serves justice, not revenge; their is no retribution for the loss of a child, and their is very little "closure".
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Hmmm, (3/12/2008 12:23:43 PM)
People who drive drunk and accidentally kill others don't have any malicious intent either.

Asking that people get sentenced fairly for their crimes has nothing to do with revenge. Revenge would be to ask for their heads on a platter. Justice is when the guilty receives proper sentencing. I maintain that had this been you or I, we'd be in jail right now.

There has been no justice here.
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A Tragedy for All, (3/12/2008 1:31:02 PM)
#9, Hmmm, people who drive drunk may not have "malicious" intent but they have intent. They "intend" to get behind the wheel of a vehicle and gamble their lives and everybody else's that they will make it home alive without killing, hurting, or maiming. I agree with sad dad, if we were prosecuting ignorance, well, there wouldn't be enough people left to run the courts let alone the penal system. I cannot imagine the guilt and remorse that these officers must feel. The fact that they have to live with this the rest of their lives is punishment enough without packing 'em off to jail. That really serves no purpose. I'm sure they've had plenty of time to ponder the error of their ways. The justice system is not blind, and justice is an urban myth, a fairy tale. No criminal ever gets the "justice" they deserve. Most get W-A-Y too many chances to wreak havoc on other people's lives before they are finally brought to "justice". I believe in California they call it the "3rd Strike" rule. My heart goes out to the family. It is always heartbreaking to lose a loved one, especially one so young.
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Steve, (3/12/2008 2:38:23 PM)
#10 you make a lot of assumptions that may or may not be true such as " cannot imagine the guilt and remorse that these officers must feel. The fact that they have to live with this the rest of their lives is punishment enough without packing 'em off to jail". You assume they really feel remorse but actually you have no way to know. Lets hope they do but I'm not holding my breath.

Those convicted of drug possession don't really harm anyone but themselves so why do we send them to prison?. After all according to you if they are remorseful who cares if they broke the law as long as they feel remorse. In fact maybe we should have a whole new sentencing guideline---if you feel remorse you get a pass on jail.

If anything our law officers should be held to a higher standard. We sure see when one of them is murdered or attacked that they spend every resource to catch the perpertrator. How many unsolved murders of law enforcement officers do you ever see? Now compare that to murders of non-enforcement people. Don't give me the equal treatment rap unless you have done a little research on the perks they have versus the general population that they are supposed to protect and serve (how many law enforcement cars have that on their emblem any more?) not recklessly endanger the public. These two chowderheads need a little jail time to collect their 'thoughts' if you ask me.
Report Comment
Bob Roberts, Broken Arrow (3/12/2008 5:06:19 PM)
What is sad is that if people would not fear snakes which except for a few venemous species located in the area (most of which would run away from a human) this would not have happened in the first place.

To me, there is no excuse to shoot at snake in a BIRDHOUSE when it is raised off the ground. Had it been a copperhead (Agkistrodon) or a Rattlesnake (Crotalus atrox) it would never have been observed in a TREE!
Report Comment
Andrie, Adler Ru (3/12/2008 11:23:04 PM)
Justice must be 'seen' to be done. Police or public, being an armed police officer carries added responsibility.

Jail time yes...but they would have to be in isolation or the other inmates will do something about them.

AS
Report Comment
Ben, Alameda, CA (3/25/2008 5:19:38 PM)
This tragedy has haunted me since it happened since it was such a stupid act. Officers know better than to shoot, in a controlled situation, without knowing where your projectile may land. The first thing I though was why didn't they use a shotgun if they were so bent on using a fire arm. The lethal range is so much shorter and more appropriate for the target. The smart thing was to contact animal control.

That is all in the past, the officers need to be treated just like anyone else and receive jail time.
Report Comment
tim, shawnee (3/31/2008 10:34:12 AM)
I think that everyone that shoot's anyone shouldspend at least 20-30 year's in prison for their crime it does notmater if they wear a badge or not cop's,lawyer's,judge's,president's,this should not matter that the law is built around the law itself,and this is just a money game,for those who wear a badge maybe we should ask ourself's WHY do we have police for so that we can be assured that one of them are going to shoot our kid's,anytime that they feel that the law will be on their side.this is a load of BULL.ifyou shoot anyone and they are dead and not going home to their family,why should the police be able to go home to their families after commiting the crime.what is that old saying if you do the crime,you should do the time. IF this was one of us we would be in jail by now doing about 20 year's or getting a death row sentencing of leathel injection for killing a kid.but I guess the law is different for the police or the people that have goverment job's,like lawyer's,judge's,andcop's,and president's.right!!! .NOT look at the fact's people,this is not the law,it is not built to be just for us to go to jail for our wrong doing,it is for everybody that live's in this COUNRTY.
 

 
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