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View Full Version : Remember the boy who got shot by the police in Noble?



Jerk
3/16/2008, 01:58 PM
Someone claiming to be his father posted on ar15.com

Scroll down to near the bottom of the page.

http://www.ar15.com/forums/topic.html?b=1&f=5&t=604896&page=36

eta- I'll just post it here

I am Austin's Father. I hope that this messege gets to all of you, this is the first time I have posted here. I have been reading your post for several months now and I have wanted to let so many people know what we know. We have had to wait until the prelim trial was waived to let everyone know what is going on with the case. Of course you have heard we are not happy with the deal to put it mildly. When we took this case to the Cleveland County DA Greg Mashburn, he did not seem to think that any charges were waranted. But he thought that maybe some probationary period might be in order. So we did not agree from the get go. We immediately made it known that we wanted to see jail time happen. What we really wanted is to see a trial happen, but over the months we have found that the DA and his office seem to not want to go to trial for the reason that since he was so graciously given his office by the local FOP, he does not want to put away one of their finest. In other words, we do not think that he would put 100% of his efforts or his office efforts into a trial.
It seems like no one wants to address the fact and the stupidity of shooting a snake that was stuck in a bird house. Much less a non-poisonous snake. The snake in question being a black rat snake, by the way, at 2:30 the next morning was still stuck in the bird house and was removed by a Norman Animal control officer. The snake was never hit by a bullet, the stupid rookie missed twice. The second bullet hitting my son. These guys stepped over a shovel, a hoe and some hedge clippers to use a gun to try and hit the snake. They never used those garden tools. Michelle Key the first officer on the scene tried to use the handle of the hoe to no avail, and then when the boy cops showed up, it was time to show off. Officer Robert Shawn Richardson said and I quote from the OSBI report "I guess we'll have to shoot it" then the rookie Paul Bradley Rogers said "I'll do it, I just got out of CLEET training". I am appaulled at the next bit of information. The rookie said "Fire in the hole" before his first shot. This was a joke to them, they were showing off for the girl cop.
These guys were not interested in doing things right this night. If they would have, things would have been different. I was in my shop not more than 60 yards away with my sliding doors open with music up loud, my wife was mowing our front yard with a push mower the same distance away, her father had just picked up our boys to go fishing at the pond, they had been there 5 minutes when the first shot rang out, 6 seconds later the second shot came. My father in-law two months over a stroke he had, could bearly muster the strength to lift my 50lb 5 year old son plus keep my 2 year old in check while they climbed up the hill to get to the 4 wheeler. We did not know what had happened, until 2 minutes later when he drove up to my wife in our front yard, I heard my wife yell "What", I came running to find my son bleeding from the head, knowing his life was gone from the first look at his injury. I yelled, what happened, I then began running around yelling who shot my son. Finally I heard some people coming from behind some trees, they were wandering what had happened. There was one or two of the cops, plus some neighbors. They acted like they did not know what was going on, and we were to screwed up in our heads to even think it was cops that shot our son. We did not find this out until the Noble Police Chief Ben Daves came to the hospital to tell us. These cops stayed as far away from the carnage they created, they did not even see my son and the fatal injury they caused.
The neighbor that originally called the police about the snake, seems to be siding with the cops, they got to her some how. She won't even talk to us. Her 16 year old daughter got on the internet and fished up some photos of a rattlesnake and told the cops thats what the snake was. The birdhouse was not even in her back yard, it was her neighbors back yard, she needed to mind her own business and I would still have my son. This neighbor has been extremely stand offish to us. Not even allowing us to talk to her daughter about what happened, we know that both of them are witnesses, other neighbors of theirs saw them watching the cops as they performed their "duties". The whole mess has turned our lives upside down. My son Dalton relives this day everyday. I relive this day everyday. My wife relives this day everyday. The only way we have gotten through these days is God. We know that God has our son. We know that God did not take our son from us. We know that God did not cause this to happen. It was the cops, their pride and arrogance killed my son. The cop thinking he could hit a moving target killed my son, the sergeant cop who said lets shoot it killed my son. Anyone who sides with these cops and fails to see the neglegience in their actions is just as responsible for killing my son.

leavingthezoo
3/16/2008, 02:08 PM
if that's really the dad, i agree with him. you expect teenagers to have such shortsighted thinking when it comes to solutions... not policemen. crazy. sad. crazy sad. sheesh.

StoopTroup
3/16/2008, 02:29 PM
Sad that such poor judgement was used.

If the DA doesn't want to take the case, why don't the Parent's just sue for monetary justification?

It won't bring back their Son...but it might be a way of making sure better training and screening of folks who are issued a firearm in Public Service happens.

I'm sure there must be some sort of way for them to handle such an awful situation.

olevetonahill
3/16/2008, 03:24 PM
Hey Jerk
If youve kept up with this as Im sure you have
Can you draw a simple Ballistic Chart to show the Range,angles and such ?

AlbqSooner
3/16/2008, 05:44 PM
The handling of this case by the DA's office is not at all unusual. At least it wasn't 10 years ago, when I last practiced law. The scenario works this way. Cop shoots someone. DA immediately brings charges. Cop immediately waives preliminary hearing and waives jury trial. Case is assigned to the Judge in that County who hears almost all police shooting cases. He schedules a trial without jury, hears the evidence and finds the cop not guilty. This finding is a key piece of evidence in the case filed against the cop for violation of Civil Rights (monetary justification referred to by ST). Granted, with the different level of proof and elements of the cases, it is not the death knell of the Civil Rights case, but it goes a long way with the jury.

I have seen it in numerous Oklahoma Courts and numerous Florida Courts as well.

Jerk
3/16/2008, 07:17 PM
Hey Jerk
If youve kept up with this as Im sure you have
Can you draw a simple Ballistic Chart to show the Range,angles and such ?

I'd have to know the caliber, the ballistic coefficient, and the feet per second, and I have no idea what was used.

StoopTroup
3/16/2008, 07:40 PM
The handling of this case by the DA's office is not at all unusual. At least it wasn't 10 years ago, when I last practiced law. The scenario works this way. Cop shoots someone. DA immediately brings charges. Cop immediately waives preliminary hearing and waives jury trial. Case is assigned to the Judge in that County who hears almost all police shooting cases. He schedules a trial without jury, hears the evidence and finds the cop not guilty. This finding is a key piece of evidence in the case filed against the cop for violation of Civil Rights (monetary justification referred to by ST). Granted, with the different level of proof and elements of the cases, it is not the death knell of the Civil Rights case, but it goes a long way with the jury.

I have seen it in numerous Oklahoma Courts and numerous Florida Courts as well.


I was hoping one of you would respond on this...Thanks.

ST

olevetonahill
3/16/2008, 09:30 PM
I'd have to know the caliber, the ballistic coefficient, and the feet per second, and I have no idea what was used.

How far away was the Granpa and Kids ?
See what Im having a hard time with Is
A 22 can travel a MILE in the Air
Im guessing these Idjits used their Service weapon.
Now If I aint just totaly stupid .
You Angle any weapon Up and and Fire . That round is Gone a Long way .
You aint gonna hear anyone yelling . Nor walk to em in just a few .
See My Point .
I aint defending the Idjits By any means .
I just wanta Know how it happened . :confused:

olevetonahill
3/16/2008, 09:31 PM
The handling of this case by the DA's office is not at all unusual. At least it wasn't 10 years ago, when I last practiced law. The scenario works this way. Cop shoots someone. DA immediately brings charges. Cop immediately waives preliminary hearing and waives jury trial. Case is assigned to the Judge in that County who hears almost all police shooting cases. He schedules a trial without jury, hears the evidence and finds the cop not guilty. This finding is a key piece of evidence in the case filed against the cop for violation of Civil Rights (monetary justification referred to by ST). Granted, with the different level of proof and elements of the cases, it is not the death knell of the Civil Rights case, but it goes a long way with the jury.

I have seen it in numerous Oklahoma Courts and numerous Florida Courts as well.

But Cant the Parents Go to the State AG and Have this Moved ?