(TX) Grandmother charged in connection with shooting

[Drizzt]

Grandmother charged in connection with shooting
She's accused of giving grandson, 13, access to gun
AMERICAN-STATESMAN STAFF


Friday, March 28, 2008

Marble Falls police have arrested the 65-year-old grandmother of a 13-year-old boy who was arrested in connection with the shooting of a 15-year-old this month, officials said.

On Monday, Margie Walker, was arrested on a charge of making a firearm accessible to a minor causing serious bodily injury, a Class A misdemeanor.

Walker posted bail and was released, police said.

About 6:30 p.m. on March 11, police responded to a call about a shooting at 1209 Johnson St. in Marble Falls.

Officers found Troy Guthrie Jr. suffering from a head wound from a .22 caliber pistol. He was flown to an Austin-area hospital and remains hospitalized in stable condition.

After a preliminary investigation, police arrested the 13-year-old on a charge of aggravated assault with a deadly weapon, a second-degree felony. He remains in juvenile detention. His name has not been released.

Marble Falls police Capt. Floyd Goodwin said Thursday that Walker kept the gun in a nightstand or vanity in her bedroom. He said he did not know if she kept the gun loaded.

"She has been very cooperative," Goodwin said. "It is an unfortunate set of circumstances for all concerned."

http://www.statesman.com/news/content/news/stories/local/03/28/0328marblefalls.html

If she hadn't tried making up stories of behalf of her grandson, it might not have come to this. She has been quoted as saying that she knows her grandson didn't do it, and that the boy must have dropped the gun and that's what caused it to 'go off'.

 

[Drizzt]

Marble Falls Teen, Grandmother Arrested in Shooting

Last Edited: Thursday, 27 Mar 2008, 6:07 PM CDT
Created: Thursday, 27 Mar 2008, 12:49 PM CDT

65-year-old Margie Walker was arrested in connection to the shooting of Marble Falls Teenager, 13-year-old Troy Guthrie, Jr.

03/27/2008 -- Marble Falls Police have arrested the grandmother of a 13-year-old boy who is accused of shooting another teenager in Marble Falls.

Police have charged 65-year-old Margie Walker with Making a Firearm Accessible to a Minor, a Class A Misdemeanor.

On March 11, police say Walker's 13-year-old grandson shot 15-year-old Troy Guthrie, Jr, at the Walker's home. Police arrested the teenager for Aggravated Assault with a Deadly Weapon. He is being held at juvenile detention center in Bell Ciounty, while Guthrey remains in the hospital in stable condition.

Another friend Patrick Curry told FOX 7 News that they were all playing a video game. That's when his friend walked out of the room, came back with the gun and shot Troy.

Troy is at the University Medical Center at Brackenridge. His father has updates on him at the Web site that's been created for him. One of the latest entries says his son is responding to him, and that even the neurologist is amazed at Troy's recovery.

As for Margie Walker, she has been released from custody.

http://www.myfoxaustin.com/myfox/pa...n=2&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

 

[lanternlad1]

It sounds like she broke the law, and they arrested her for it. In TX, if you have children in the house, guns are required to be "inaccessible". In other words, stored where children can't get them (safe or locked cabinet I guess) or trigger locked. Doesn't sound like she did that.

 

[TexasRifleman]

Well there is a law on the books but it isn't about the gun believe it or not. The gun is not required to be "inaccessible".

You just can't let them have a LOADED firearm.

Texas Code 46.13

(2) "Readily dischargeable firearm" means a firearm
that is loaded with ammunition, whether or not a round is in the
chamber.

(b) A person commits an offense if a child gains access to a
readily dischargeable firearm and the person with criminal
negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person
knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this
section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of
age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people
or property;
(3) was gained by entering property in violation of
this code; or
(4) occurred during a time when the actor was engaged
in an agricultural enterprise.

An offense under this section is a Class A misdemeanor
if the child discharges the firearm and causes death or serious
bodily injury to himself or another person.

Very familiar with this one, it's how I managed to have a loaded gun with me all the time when I was a kid, the "agricultural" exemption

It's also how my 12 year old has a Garand hanging on the wall in his bedroom, the ammo and en blocs are locked up. (the bolt is out too but legally I didn't have to do that)

 

[highfive]

yep in Texas guns can't be accessible to minors.

 

[TexasRifleman]

double tap