5-year-old shot and killed

By Johnny Johnson
Published: August 4, 2007

NOBLE — The first shot was so loud it made the hair stand straight up on Jack Tracy's arm. The bullet hit the water just a few feet in front of the boat dock where he was standing.

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Instinctively, he pulled his 5-year-old grandson, Austin Haley, close to his left side and began yelling that there were people down by the pond.

Then came the second shot, and the unforgettable thump of a 9 mm bullet penetrating a young boy's skull.

"It went right through the back of his head and came out the front,” Tracy said. "He was just bleeding severely and I knew, right then, he was most likely dead, right there.”

Tracy thought he and his grandson were under attack by someone trying to kill them both, so he threw 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 said. "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.”

Much later, Tracy said, he found out one of the officers had fired two shots in the Crest Lane neighborhood, trying to kill a snake that had become lodged in a birdhouse on the back porch of a house just up the hill from Tracy's pond.

‘I just feel really bad'
Police had gotten a call of a snake complaint from a woman on Crest Lane, whose 16-year-old daughter saw the snake hanging about 3 feet of its body outside a neighbor's bird house.

The woman, who would not identify herself, told The Oklahoman she called the police station to see if animal control could respond and take care of the snake, which she believed to be a diamondback rattlesnake.

She was told that the city, which lost its only animal control officer recently, would send a police officer over to help.

"This was just a freak and tragic accident,” the woman said, "and I just feel really bad for everyone involved.”

Other neighbors weren't as sympathetic.

Crest Lane resident Kara Johnson said there was no excuse for shooting a gun at a snake in a residential area.

"It's a shame that someone had to lose their 5-year-old child over a snake,” Johnson said. "And that's their only child. They'll never get their kid back.”

Neighbor G.W. Henderson said his wife heard a woman screaming within minutes of the shots.

"She was shouting ‘You shot my boy! You shot my boy!'” Henderson said.

Second shot hit snake
City Manager Bob Wade said rumors of overeager Noble officers are inaccurate. "I was told that they tried several ways to get the snake down, but it was still hissing at them and firmly lodged,” Wade said. "What I was told is that the owner of the home either suggested or agreed that they should go ahead and shoot the snake, and then everything happened from there.”

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

Oklahoma State Bureau of Investigation agents were told that officers decided to shoot the animal after being told there was a field behind them, said Jessica Brown, bureau spokeswoman.

"The first shot grazed the snake, and the second killed it,” Brown said.

Wade said he is 90 percent sure that the same bullet that killed the snake also killed Austin, but due to the trajectory of the shot and the fact that Austin and his grandfather were downhill, investigators have to be 100 percent certain.

"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.

Tracy has little doubt about what happened.

"I was standing right beside him when they shot him in the head,” he said. "There just wasn't anything I could do for this baby. He was dead. And he was just the finest Christian boy. His mother just bought him a Bible not a week before this — he wanted one that was camouflage because he was in the Lord's army.'”

Tracy said that when he saw the news reports and heard the police chief saying it was an "unfortunate accident,” the remark seemed too trivial and dismissive.

. "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. ... There was no reason for him to kill my grandson.”


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What kind of training did this officer have? As a law officer and fire arms instructor, I feel he should have remembered one of the basic concepts, (Do not fire unless you know what is behind the target.) This
was a senseless and avoidable tragedy.
david, Fort Kent - Aug 7, 2007 7:15 AM
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I’ve reviewed the postings and read the newspaper statements. This incident was NOT an accident. The use of the term “accident” is inaccurate. This officer removed his gun from his holster, pointed his gun in an upward direction to take aim at a snake, and intentional pulled the trigger discharging two rounds without knowledge and consideration of where the rounds would travel. This was reckless behavior and the reckless behavior of this officer resulted in the death of a 5 year old boy. The result was unintentional, but NOT an accident. He should be convicted of a felony and incarcerated. There are several references to training. You can’t train dumb out of an individual. This officer has proven, through his actions, that he is dumb (of limited intelligence.) Below are job postings for the position of Noble Police Officer and Cleveland County Sheriff Deputy. In both cases, neither organization is attempting to recruit an intelligent law officer. Let’s be serious, a “GED”, just a “HS Diploma”, CLEET certification “not required”, “Certification and experience preferred”. How about requiring a bachelor college degree, or at least an associate’s degree as one method to screen out low intelligence? How about requiring CLEET certification? They are giving this man a gun and the authority to use it. Read their requirements for the job. Pathetic. Outrageous.

#1 Noble, Oklahoma Police Department

“Skills Required:
Must be 21 years of age. Possess a HS Diploma or GED. Must have a valid drivers license. Must not have been convicted of a felony or crime involving moral turpitude. Must be willing to undergo physical agility testing, an MMPI (personality inventory), a polygraph exam, and an Oklahoma Police Pension physical exam. CLEET certification is desirable but not required. Compensation: $21,840 to $30,701 (salary range / fulltime)”

#2 The Cleveland County Sheriff's Office
“The Cleveland County Sheriff's Office is accepting applications for Deputy Sheriff Salary $25,200-$26,400, Min. Age 21. Certification and experience preferred.”
Source: http://www.cleet.state.ok.us/Job_Openings.htm
RD, Enid - Aug 6, 2007 1:53 PM
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Larry..I know not every counrty police officer is bad, I have many friends who are police in small towns and they are great cops. But it's the thinking of a few that makes the word "Counrty Bumkin" so real. I have been following this story from day one. I can't understand why anyone would defend these guys, so they are beating themselves up over this issue, please. I just want to know if the City has came forward and even helped the family in anyway, the news never really says. One last thought, yes police are trained in firearms and it's burned into our brains the dangers of bullets....WHAT GOES UP, MUST COME DOWN. My heart is broken for the family.
Dave, Midwest City - Aug 6, 2007 10:50 AM
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Police officers are trained quite well, but this one seemed to have been absent on the needed days. Also the supervisor was absent in those classes. Why are these people still on the force when they cannot use commen sense? Shoot at a snake in a neighborhood with out knowing what may be behind it is just plain stupid. Yes, the officers involved may feel bad but they of all folks should have known better. Come on, and not identifying those involved is akin to a cover up. Yes, we may find out their names soon, but if it was a normal citizen their faces would be on the front page of every news org in the world. Plus they would be in jail for involuntary manslaughter at the least. Not on paid leave with their ID hidden. My heart goes out to the family of this senseless killing and my prayers are for them also. The supervisor and officer involved should face prison time for being so stupid. Also the rest of the force should be made to go to a hunter education class like all kids have to in this state before ever picking up a gun again. That and the city manager needs the training also. Defending something so stupid hopefully will cost him his job. But then again, being police they may end up walking away free. The taxpayers will pay for their stupidity. Not any of them.
Charles, Oklahoma City - Aug 5, 2007 7:31 PM
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Aren't police officers trained better than that. I think that even though this police officer may be beating him or herself up he or she should not be on paid administrative leave, yes he should be suspended. I know that if I was to do something wrong at my work, I would face suspension, without pay or worse termination. Why in God's name would you shoot a snake, common since tells you that a snake is not going to stop the momentum of a 9 mm slug when there is nothing behind it to stop it. My heart goes out to the family of little Austin. This little man who was in the Lord's army is now in the Lord's hands. God be with his family..
Julia, Oklahoma City - Aug 5, 2007 2:54 PM
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Kent in Blanchard wrote, "It is very unfortunate that this poor child happened to be in the worst possible location in the world." You mean sitting in a boat fishing with his grandfather??? Yea, geez, that's a terrible place to be, you're just asking for it there. These cops were bumbling idiots who deserve the most severe punishment possible.
Brian, Norman - Aug 5, 2007 10:42 AM
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Having attended Hunter/Firearm Safety as a child and an adult I'm suprised that any law enforcement officer would take that shot. My prayers are with Austin's family and friends.
Liza, Moore - Aug 5, 2007 10:28 AM
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Dave, I share all of your sentiments for the exception of "county bumkins". So what if they were country boys/girls. You know as well as I do that officer's are continually trained. Yes, it was a dumb, stupid mistake, but a mistake. I'm quite sure the officer does not want to continue his/her employment. I know I couldn't live with myself after a freak accident like that. Retribution will be handed out. No sense in kicking him/her while their down. Prayer's for both family's. RIP little man.
Larry, Southside - Aug 5, 2007 3:03 AM
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There are no words that I can say to bring this little boy back. I just want the family to know that I will keep them in my prayers and thoughts throughout their days to come. I'm in law enforcement myself and I wish these guys would have used some common sense before shooting a snake out of a tree. I have been on many calls like this before and and never have I used a gun to get a snake or any animal out of a tree. It gives all law enforcement officers a bad name when a few country bumkins use wrong judgement. Again I'm sorry for your loss.
Dave, Midwest City - Aug 4, 2007 11:12 PM
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As a family member of a law enforcement officer, I would like to say that the Officer has got to be beating himself up for what has happened. It was a judgement call and he did what he thought was a safe and effective way of doing away with the snake. As far as the training that each Officer has to go through, they are in training for the rest of their lives, and could never be prepared to deal with every situation that comes up. It is very unfortunate that this poor child happened to be in the worst possible location in the world. Our heart goes out to the family and our prayers are with you in this difficult situation. But, please do not forget the officers involved. I am sure they have children in their lives as well. Lisa
Kent, Blanchard - Aug 4, 2007 9:57 PM
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As a family member of a law enforcement officer, I would like to say that the Officer has got to be beating himself up for what has happened. It was a judgement call and he did what he thought was a safe and effective way of doing away with the snake. As far as the training that each Officer has to go through, they are in training for the rest of their lives, and could never be prepared to deal with every situation that comes up. It is very unfortunate that this poor child happened to be in the worst possible location in the world. Our heart goes out to the family and our prayers are with you in this difficult situation. But, please do not forget the officers involved. I am sure they have children in their lives as well. Lisa
Kent, Blanchard - Aug 4, 2007 9:57 PM
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Who in the world uses a pistol or rifle to shoot a snake not on the ground? If you feel necessary to shoot a snake in a birdhouse (doesnt seem needed in this case, my opinion only) you use a shotgun. You wont have bullets flying off for who knows how far, you can see the range the pellets that didnt hit the snake or birdhouse would go, or you wouldnt shoot at all. What ever happened to gun safety? Senseless death, and my heart goes out to the family of the poor child.
Brad, fort smith - Aug 4, 2007 9:45 PM
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What a stupid move for a police officer to do. What the hell was he thinking. You know I have always said that our police officers do not have enough training under their belts. They need to do extensive training an take test often. Police Officers do not have to be cleet certified to be given a job. They have six months from the time they are given a job to go through cleet schooling. Do you really think six months is enough to educate some of these yah-hoos. NO. It's all about authority, give a man a badge an hand a gun on his side an he feels he is the law. Just the way Oklahoma laws are done. No this police officer I am sure feels bad about what has happened but that doesn't bring the little boy back. If he was any kind of man an has any kind of feelings about human kind he would pull that badge off an gun an walk away from that job. I bet he doesn't do that. He could have killed that snake other ways. Ask a citizen whether to shoot your gun or not. How stupid is that. I am sure the lady does feel bad over all of this but really it isn't her fault. It's the police officers fault for using bad judgement.
glenda, oklahoma city - Aug 4, 2007 9:01 PM
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I think the officer should be charged with manslaughter, fired, put in prison, and the family, obviously has a legitimate lawsuit against the officer and city. This is so tragic and senseless it just makes me sick! I pray for the family especially and all other involved as it will haunt them all for the rest of their lives.
Mitch, Oklahoma City - Aug 4, 2007 8:46 PM
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"I just feel really bad" just doesn't do it. The snake was OUT!side in a birdhouse. I still haven't read anything about what kind of snake it was for sure. "Unfortunate accident" I don't think so. Negligent use of a lethal weapon yes. Get it right this child did not have to die! Even if this truly had been an uninhabitted area you still DO NOT shoot blind. This is summer and children and families are not suppose to be confined to their homes. People can and are all over the outdoors. But as it is coming to light finally this was not an uninhabitted area! Several families live and play in the area and may never feel safe again going outside. Someone or several someones need to be held accountable.
Douglas, Omaha - Aug 4, 2007 7:56 PM
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