Leash Law for Bullets? "Stray" kills boy

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TexasRifleman

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http://www.foxnews.com/story/0,2933,265287,00.html

A stray?

Tragic story but let's be honest here. The gun didn't kill anyone. Negligence did.


AUSTIN, Texas — A 7-year-old boy jumping on a trampoline with friends was killed by a stray bullet, and a man living two houses away was arrested, authorities said.

The boy was playing with four or five other children Tuesday night in a back yard near Uhland when they heard gunshots, Hays County sheriff's spokesman Leroy Opiela said. He said the boy, whose name was not released, was hit in the back and died shortly after reaching an Austin hospital.

Deputies searched the neighborhood after the shooting and arrested Jose Barrera Espitia, who lives two houses from where the boy was playing, authorities said.

They found a .22-caliber rifle they believe was the source of the shot, though it wasn't clear why Espitia would have been firing the gun.

Espitia, 37, was charged Wednesday with second-degree manslaughter. No bail was immediately set.

Uhland is a small community of about 400 residents 25 miles south of Austin.
 
There are a lot of stray and feral bullets out there! :rolleyes:

...when they heard gunshots
If there were indeed multiple shots it doesn't sound like a ND, it sound like an idiot shooting without a (proper) backstop...and that's if it wasn't intentional.
 
Now, if you have a chance, drop a line to the station explaining, in maybe three short paragraphs the concept of firearms safety, and inanimate objects. The AP style guide probably isn't to blame here - just lazy and sensational journalism.

This can be adapted for various things...

I read the article "XXXXXX" on your website this morning. I was disturbed to see that the blame for the -incident- was not placed upon the -careless-reckless-criminal- individual, but upon an inanimate object.

The -gun/bullet- did not choose to be fired. It did not choose to harm someone. That responsibility lies at the feet of the person who pulled the trigger, and nowhere else.

It disturbs me that your writers are giving human characteristics to inanimate objects. Cars do not drive themselves and guns do not fire themselves. I see this as lazy and sensational journalism, and not the sort of responsible article which I am used to seeing -on your station/on the front page-.


Now edit up one of your own. Takes a minute or two.
 
I'm surprised a stray .22 from two houses down would kill the poor boy so fast. Must have hit something really vital. Then again, I guess the proximity of organs to your back is much closer than your front. At least if you've got some fat on you in the front, it MIGHT not get through to the important stuff.

The details don't say why they suspected the guy other than they found a .22 rifle (in his home I assume?).

Most, if not all of us here have .22 rifles. It would be scary to think that if a murder nearby took place with a .22 bullet, we could be arrested and charged for owning a .22 rifle in proximity.

There must be more to this than is currently being reported such as, "Did anybody see him shooting?" "Did the gunshots sound like the came from his place. or just from nearby?"

Not defending anybody here as he very well may be guilty. I just wish there were more facts and details in that article. It's so short.
 
I'm surprised a stray .22 from two houses down would kill the poor boy so fast. Must have hit something really vital. Then again, I guess the proximity of organs to your back is much closer than your front. At least if you've got some fat on you in the front, it MIGHT not get through to the important stuff.

Testing is your friend. .22 LR from a pistol can easily penetrate 12" of gelatin, more than enough to reach vital areas on a human. A hit in the heart or major artery can cause rapid blood loss shortly followed by death.
 
oh yeah, and is .22 - .223, or one of the other .22 variants, or .22lr?

I'm betting it was .22lr. If it had been a .223 they'd be shrieking about how it was done with a high powered assault weapon using mountain-piercing military ammunition.
 
bogie and HB,

I'm no lawyer, but my guess is that had the article included, in the title, "boy killed by neighbor" (vs stray bullet), the man could sue the paper or, at least tie up the case, possibly preventing it from going to trial for quite some time.

Remember, innocent until proven guilty, no? but, in the mean time, I'm sure the cause of death could be directly assigned to loss of blood/heart failure/etc due to gunshot wound (aka the stray bullet).

If he's convicted, then have at him.
 
Man gets 8-year sentence in Hays County boy's death

KXAN-TV
updated 10:00 p.m. CT, Fri., July. 4, 2008

SAN MARCOS, Texas (AP) -- A Central Texas man who pleaded guilty to manslaughter in the accidental shooting death of his 7-year-old neighbor has received an eight-year prison sentence.

Jose Barrera Espitia told investigators he was target shooting in the backyard of his rural Hays County home in April 2007 when he accidentally hit and killed the boy, who was jumping on a trampoline. Espitia said he did not see Daniel Galicia jumping on a trampoline in his back yard before firing the .22-caliber rifle.

Galicia died within an hour of being shot.

Espitia's home is about a third of a mile from where the boy was playing with other children in his cousin's backyard. The area east of Kyle has a mix of farmland and mobile homes.

The Galicia family had asked for a tougher sentence for Espitia. Manslaughter carries a maximum state prison sentence of 20 years.
 
Third of a mile. That's nearly 600 yards people. It's not like he was right next door, I can certainly understand (but not agree with) plinking with a 22 in your back yard. Heck my neighbor has shot over 15 groundhogs on his property and he's literally 40 yards from my house.

Basically I feel bad for both the kid's family and the guy using the 22. Very, very bad coincidence. Everyone's willing to condemn this guy to hell for his actions when they don't understand the full story.

BTW, this is what 600 yards looks like, and probably through a mild telephoto lens.

2007600yditthp2.jpg
 
Basically I feel bad for both the kid's family and the guy using the 22. Very, very bad coincidence. Everyone's willing to condemn this guy to hell for his actions when they don't understand the full story.

I'm afraid the full story is that he fired a gun without a proper backstop.

Whether he meant to hurt anyone or not doesn't really matter, you're responsible for every bullet that leaves your gun.
 
chris_in_va: That's probably a bit of zoom there. At the very least there is nothing else in the picture to give a sense of scale or distance.

And BTW, I'm pretty sure I know where that picture was taken. :D
 
I figured someone would.;)

So those targets would appear a lot further off.

Don't get me wrong, I'm not justifying his carelessness...it's certainly happened before. With a police officer no less, trying to shoot something down out of a tree. But it really does help to fully understand the whole story before making judgements.

We all make horrible mistakes, whether knowingly or out of sheer ignorance/lack of knowledge. As my mother told me once, "it just depends on whether it's permanent or not".

I have a gut feeling the guy plinking in his back yard feels like death right now.
 
This is thought-provoking not only in the sense of plinking or target shooting.

You could also be convicted of manslaughter if you hit an innocent bystander in a defensive shooting. Even in Texas.

Practice. At a real shooting range.
 
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