State agency to investigate shooting after death is called an accident

By Johnny Johnson
Published: August 5, 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.

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.

Tracy thought he and his grandson were under attack, 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 on Friday.

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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Comments

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You tell your reasoning to the grandma Jessica - your obviously not a mother - and if you are - how cold you are. I don't even feel sorry for the cop- he made a concious decision to shoot at this snake with a deadly weapon in a residential area. You feel sorry for a drunk driver that kills an innocent person too? Don't think they should be charged? Huh? They are charged everyday. You call that a simple mistake too like this? Grow up and welcome to the real world, if you can handle it.
diane, oklahoma city - Aug 8, 2007 4:30 PM
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To all who read these posts and see this for what it is, I want to say I am sorry for the person who wants to try to attack anyone on here. This is about a child who was taken from the world needlessly. My prayers are for all involved and this is not a forum for anyone to attack another with out the facts. Attacking someone on the internet is like launching a virous as you can hide so well. All involved with this tragedy needs our prayers. Not attacks. After all a little boy is gone and his family is devastated. Along with those who caused it. Only the truth on here as anything else is disrespectful to the family. Pray for them, not turn their deal into a vendatta over words. Why I defended myself is only because I have posted facts. Not because of someone wishing it was someone they could lower to their level.
Charles, Oklahoma City - Aug 7, 2007 10:41 PM
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Excuse me, but WHAT are you talking about. Sorry as their is several of us in Okc.About 5 of us in the state. Two of us share the same middle name.Also the same name in Planeo Texas. Wrong person. And tarnish a family name, you are seriously wrong on that. Another thing, this is not about any other family than those involved. To bring this type of stuff on here is not doing you any good.Its insulting. I am only pointing out facts. Not writing something totally untrue on here as you now have done. Now twice. Focus on the facts of the deal and leave others out of your delusional posts. By the way I studied law a long time ago. Unless you are getting up there in years, leave me alone and do not try to tarnish my family name. You do not know me. Obviously at all.
Charles, Oklahoma City - Aug 7, 2007 9:31 PM
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mister, please excuse my lack of a spell check on this message board. Ignorance, my dear, is a word. It is what you display so profoundly in your hatred for one state. I'm hoping the Bogata is Texas. And then that makes great sense. Texans. Hmm.
jessica, mwc - Aug 7, 2007 8:09 PM
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Charles, I cannot believe you would tarnish the Murrah name by things you write on here. Dope? I have never even tried it thank you. I am not downplaying a thing. How many times do I have to say that this is a tragic accident and that the officers involved were WRONG and that they will pay for what they did before you can get the cotton out of your ears and hear? I have not stooped so low as to personally berate someone on this message board; as much as I may have wanted to. I am speaking my opinion generally, and thanks to all of our fine men and women who protect our freedoms at home and abroad, I am allowed to do so. As are you. I'm thinking your run ins with the law must be often.... and maybe for your extreme drinking behavior or marijuana usage? You do sure seem to love your dope. Good day.
jessica, mwc - Aug 7, 2007 8:04 PM
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As a 8 year veteran in Law Enforecement and former marine, I can assure you that....just because someone has a College Degree, doesnt mean that are smart enough to handle the job. I have seen officers with Masters Degree-and the dumbest cop on the force, I have seen officers with a GED- the best cop. Book smarts doesnt mean anything. It helps and a college degree doesnt hurt but.......training and common sense are of the importance.

The 2 crimes listed below come from the Oklahoma Statutes down to the letter.

I would like everyone to stop referring to this incident as an "ACCIDENT, it is called "2nd Degree Murder-Imminently Dangerous Conduct 21 O.S. 701.8 and Reckless Discharge of a Firearm 21 O.S. 1289.11." Here are the elements of each crime:(form your own opinion now and tell me what ya think:) 2nd Degree Murder-Imminently Dangerous Conduct 21 O.S. 701.8 1.) the death of a human 2.) caused by conduct which was imminently dangerous to another/other persons 3.) the conduct was that of the defendant 4.) the conduct evinced a depraved mind in extreme disregard for human life 5.) the conduct is not done with the intention of taking life of or harming any particular individual. Reckless Discharge of a Firearm 21 O.S. 1289.11 1.) knowingly engaged in conduct 2.) possession of weapon 3.) actions such as creating a situation of unreasonable risk and probability of death or great bodily harm to another 4.) demonstrating a conscious disregard for the safety of another person. In a residential neighborhood, it is not safe to shoot any weapons. There are thousands of places that bullet could go after it hits the primary target. I am truly embarrassed. I am a Law Enforcement officer of 8 years and tonight, while on patrol; at a convienence store, a woman made a statement to me that all cops are idots. I asked her what she was referring to and she stated that the boy should be alive and how could that have happened? We talked for a little bit and I convinced her otherwise, all are not created equal. My heart and prayers go out to the family and just as well to the officer.(Im sure, all parties involved are devasted.) However, I have no reservations for the City Manager or the Chief of police. That officer failed and the City Manager and Chief of Police failed to properly train that officer and furthermore, have no clue....their statements and accusations are absurd. Secondly, rather a citizen gives you permission or not to fire your weapon....you as the officer are liable and (hopefully trained) for your actions and must make the correct decision...(rather you have a split second to do it or not) you can not put the blame on the citizen. Third, the City of Noble probably still maintained the Animal Control equipment....send the second officer back to the station and retrieve the noose bar, while the other officer stays on the scene, then come back and safely remove the snake fourth, after failed attempts with garden tools, and as a very last resort maybe........use your 00 buck shotgun.......maybe.....I said. It is hard to say but... I can honestly say.....I would not have fired my duty weapon period!!!!!!! The only time you are to fire your weapon....when deadly force is authorized!!! I would like all people to maintain there trust in us and to not condem all law enforcement officers. Justice will prevail!!!! Secondly, I asked all persons on this board to pray for the family and the officer!!
john, Oklahoma city - Aug 7, 2007 5:42 PM
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Jessica, you on dope or what? You are downgrading the tragic, senseless killing of a YOUNG boy. This was not a car wreck or someone giving you the wrong change or order. This was an officer of the LAW who did not follow the LAW on proper gun handling. Not to mention common sense. None of these two things were followed and it has cost a family dearly. I agree that [eating a bullet] is wrong but still, this was a cop who was supposed to know better. If the said officer did not know any better along with the supervisor, then the city of Noble has a serious problem on lack of training AND common sense. Right up to the Chief of police and the city council. What the MAJORITY has stated is that no common sense was used and that ALL involved are damn stupid and lack the knowledge to put on the uniform and badge. None the less carry a gun. Shame on you for mocking such an ordeal that did not have to happen. For Gods sake, what is wrong with you? I ask again, are you on dope?
Charles, Oklahoma City - Aug 7, 2007 5:24 PM
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God forbid any of the people on this post ever make a mistake; a massive mistake. I'm pretty sure since all of you are so perfect that if you were to make such a dire mistake there would be nothing left to do but commit suicide. I thought we were moving toward a better society as a whole, but apparently we have some of the most backward, intolerant people around here. THIS IS A TRAGEDY. I am not disputing that the officers involved should not be punished; they should. But to make this out to be a deliberate consequence is absurd. If any of you ever get in a car accident I want you to remember that it is not an accident because you chose to drive the car. Or if you have a child and they wet the bed make sure you remind them that it was not an accident because they chose to sleep and to relieve themself. And whomever left the comment of overzealous cops chasing people...Recently in the state of Illinois officers attempted to pull over a car for their tinted windows being too dark. Whent the car fled the let them go on because that is the state policy since they weren't violent offenders. Following this, the occupants of the car went on a crime spree, shooting and killing at least two people. Yes, pursuits are dangerous. No one wants them, not even the police officers involved. But calling them overzealous and saying they get themselves killed? That's just cruel and asinine. I will pray for all of you that have left comments on this board- pray for tolerance and pray that you never need a cop for assistance. Because if it were me and I knew how you felt about law enforcement (making stupid generalities over a couple of officers) I certainly would not want to come to your aid. But then again, that's why I am not a cop....I can't selfishly put my life on the line for people that disrespect me so much. Remember though, when all of you are working your Wal-Mart or McDonald's jobs....DO NOT ring something up wrong or give someone there order wrong. There is no room for mistakes....in any line of work.
jessica, mwc - Aug 7, 2007 4:28 PM
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When it comes to CLEET, my 14 year old son could pass it. Plus he has been taught how to properly handle a gun since he was 7 years old. If someone that young would know better, an adult SHOULD. The city manager and police chief and all others involved should be fired. But since it is a cop and not a average person, they will more than likely walk with no punishment.
Charles, Oklahoma City - Aug 6, 2007 9:31 PM
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I'm glad that people are smart enough to see this is objectively NOT an accident because the officer(s) had control over his/her/their actions. All else being equal (no one else shooting a gun in the area, investigation pending), at the least, gross legal negligence was the ultimate cause for the death of this child, as thoroughly defined in an earlier post. Even if the bullet hadn't hit someone, the officer was shooting in a residential area--that is recklessness, not to mention ignorant!
Of course, you have to have the understanding that this officer was not intending to shoot a person, but still, a snake? I echo the others stating he/she should have used a shovel or something else to knock it down. Do Animal Control units in Oklahoma not have snakegrabbers? I know game wardens do. If they weren't properly trained, then heads should roll further up the ladder. I feel horrible for the officer in this situation, but I feel worse for the family who lost their son/grandson, etc. My son is 4, & if it had been him or a member of my family, I would want to take legal action to see that this doesn't happen again. The grandfather was right about negligence when in sad cases a child who is not restrained in a car seat dies in/due to a car wreck--the driver is held accountable. Accountability is the operative word, & I also agree with the others screaming that the city manager should never have tried to subdue the situation, reducing to a tragic accident. That's reinforcing the image of keystone cops running around with firearms in rural areas. I disagree with the statement that Oklahoma is backwards--stupid accidents can happen anywhere. There are stupid people everywhere, world-wide. Haven't you heard that Common Sense has died? To refocus on the issue--I think suspension (he/she's going to need some time off!), but never to be allowed to carry/use a firearm professionally again would be appeasable for sanctioning the officer, but the family should be rewarded huge damages from the city. This is where the lawyers need to do their job. Right now, I am doing the best I can to pray for the family & that the little boy's soul can rest, forgiveness willing. God Bless them.
Amy, Bethany - Aug 6, 2007 2:04 PM
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I am the owner of the home where the shots were fired. My husband and I would like our community to know we were not home at the time of the accident. We arrived home after it occurred, and did not suggest or agree to the shots being fired. We take no responsibility for the occurrence. The statement from Bob Wade in this article is misquoted, my heart is broken...everyone out there thinking that my neighbor or I could have suggested this. My neighbor was looking out for our security from the snake (which we have not ever seen on our property before) and called for animal control.
We have been violated by the media, pictures of our home are now out there for the entire world to see. We chose not to release a statement because we felt like it was not our place to state anything since we were not home at the time of the accident. I am now wishing we had since there are so many wrong statements about us and how the accident occurred.
My husband and I have known the family since we were young and they are wonderful people. We need to spend this time focusing on them and the loss of Austin, and keep all parties involved in our prayers.
Stephanie, Noble - Aug 6, 2007 1:47 PM
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Like I predicted , it made CNN today. If small towns run out of cops for whatever reason ( usually due to incestuous political infighting )they usually get the county sheriff to send deputies by to enforce the law til they can get their collective poop back together... I don't see that as a big improvement. Jessica .. " The ignorancy shown in these comments is abundant. " I don't think ingnorancy is a word, at least not in the rest of the United States.Maybe it ought to be considered as a new one to describe incredibly stupid acts by that large percentage of law enforcement officers I usually describe as " thugs with a badge" though. I shudder now to think at the carnage that could been* have when I remember the story about the horse track raid in Southern Oklahoma last week where there were supposedly 10-15 cops lined up along IH 35 with weapons at the ready in case any of the " outlaws" being apprehended at the racetrack decided to make a break for the interstate. That crowd probably could have finished a whole SCHOOL BUS full of innocent children.
mister, bogata - Aug 6, 2007 1:45 PM
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Like I predicted , it made CNN today. If small towns run out of cops for whatever reason ( usually due to incestuous political infighting )they usually get the county sheriff to send deputies by to enforce the law til they can get their collective poop back together... I don't see that as a big improvement. Jessica .. " The ignorancy shown in these comments is abundant. " I don't think ingnorancy is a word, at least not in the rest of the United States.Maybe it ought to be considered as a new one to describe incredibly stupid acts by that large percentage of law enforcement officers I usually describe as " thugs with a badge" though. I shudder now to think at the carnage that could been* have when I remember the story about the horse track raid in Southern Oklahoma last week where there were supposedly 10-15 cops lined up along IH 35 with weapons at the ready in case any of the " outlaws" being apprehended at the racetrack decided to make a break for the interstate. That crowd probably could have finished a whole SCHOOL BUS full of innocent children.
mister, bogata - Aug 6, 2007 1:45 PM
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Like I predicted , it made CNN today. If small towns run out of cops for whatever reason ( usually due to incestuous political infighting )they usually get the county sheriff to send deputies by to enforce the law til they can get their collective poop back together... I don't see that as a big improvement. Jessica .. " The ignorancy shown in these comments is abundant. " I don't think ingnorancy is a word, at least not in the rest of the United States.Maybe it ought to be considered as a new one to describe incredibly stupid acts by that large percentage of law enforcement officers I usually describe as " thugs with a badge" though. I shudder now to think at the carnage that could have when I remember the story about the horse track raid in Southern Oklahoma last week where there were supposedly 10-15 cops lined up along IH 35 with weapons at the ready in case any of the " outlaws" being apprehended at the racetrack decided to make a break for the interstate. That crowd probably could have finished a whole SCHOOL BUS full of innocent children.
mister, bogata - Aug 6, 2007 1:44 PM
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Like I predicted , it made CNN today. If small towns run out of cops for whatever reason ( usually due to incestuous political infighting )they usually get the county sheriff to send deputies by to enforce the law til they can get their collective poop back together... I don't see that as a big improvement. Jessica .. " The ignorancy shown in these comments is abundant. " I don't think ingnorancy is a word, at least not in the rest of the United States.Maybe it ought to be considered as a new one to describe incredibly stupid acts by that large percentage of law enforcement officers I usually describe as " thugs with a badge" though. I shudder now to think at the carnage that could have when I remember the story about the horse track raid in Southern Oklahoma last week where there were supposedly 10-15 cops lined up along IH 35 with weapons at the ready in case any of the " outlaws" being apprehended at the racetrack decided to make a break for the interstate. That crowd probably could have finished a whole SCHOOL BUS full of innocent children.
mister, bogata - Aug 6, 2007 1:43 PM
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This man better be charged with manslaughter. I can just see him now - with his fat beer gut sticking out - this probably made his day that he had a chance to kill a big snake in a tree that wasn't harming anyone. His first shot didn't even hit his mark. The fathead had to shoot a second time to hit this terroist threat and then he killed an innocent child. This cannot be dismissed as 'just an accident." No way!!! The police chief should be fired and this idiot police officer should be charged. This is a horrible, stupid, needless tragedy, something this family will never get over - all because of a snake! A REAL police officer, would NEVER, EVER had shot that snake - or the very least had scouted the whole area for miles all around the tree to make sure it was clear - THIS WAS A RESIDENTIAL AREA!
diane, oklahoma city - Aug 6, 2007 11:58 AM
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This is also a case of the city not properly staffing its departments. Think if a town had it's officers quit, and a bank robbery happened. The city throws up its hands and says "they quit, we are looking to hire more, but for the time being, you will have no police protection". That would not fly. The same happened when you don't staff an animal control position. I wonder how long the job had been vacant? You don't send a plumber to do the painting of your house. Everyone has a specific job and the police officer used what tools he/she had to take care of the situation. Yes, it could have been handled better, but that officer didn't want to kill anybody. The officer was doing a job they weren't supposed to do, and made an error in judgement by firing the weapon. However, had the city staffed a position that taxpayers were paying for, this would not be an issue right now.
Jonathan, Yukon - Aug 6, 2007 11:52 AM
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But the crime is likely going to be the same. Some are asking for murder, some asking for suspension.. It'll probably fall somewhere in the middle. Involuntary Manslaughter or careless use of a weapon.. Either way, it's a similar situation. The lawyer just didn't die. Perhaps suspend the careless officer without pay, reprimand him/her, etc.. But if nothing's gonna happen to Cheney, nothing legally should happen to this officer.
Jonathan, Yukon - Aug 6, 2007 11:47 AM
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Well you have these people on here that want to say it was an accident, he didn't mean to kill that innocent boy! Well when we have car accidents we don't get up in the morning an say I am going to have a car accident an kill someone do we. No But we get charged with what kind of crime? WEll well that is what I am getting at. But, this goof ball made the decision to discharge a firearm without even thinking. All she or he was thinking about is I want to see if I can shoot this snake out of the birdhouse. And after it was shot wasn't it still lodged in the birdhouse. I would bet they forgot about the snake when they heard people screaming. Why not kill it with a shovel or something that would cut it in half an it would be DEAD! Dead snakes don't bite right! But, now that the police department has showed what idiots carry real weapons it's a simple accident or mistake. Whatever. Most of these cops just want to have a gun to show how important they think they are.I have always said city cops are not educated at all. They think going to cleet school makes them cops. Please. To many accidents by cops show they need to be educated more. What makes it ok for a police officer to do something unlawful! Oklahoma law this what! I hope this family owns Noble after this. May we all think of this family in our prays. Shelia from Norman wonder what you would say if it was your child! Let the police do their work right! Well there work is not shooting at snakes nor is it killing innocent children. Thank you for your stupid remark, but we could do without it. Those of you that are taking the sides of this police officer would you do that if that was your child. Think before you write it down.
glenda, oklahoma city - Aug 6, 2007 11:45 AM
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Jonathan..MAJOR difference here Cheney's friend DID NOT die nor did he press charges.
Douglas, Omaha - Aug 6, 2007 11:29 AM
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I think the police officer should get the same punishment that was given to Dick Cheney when he shot someone carelessly.
Jonathan, Yukon - Aug 6, 2007 11:25 AM
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I can tell you from personal experience and training that CLEET does not and would not teach this in police academy training! This is gross negligence.
Anonymous, Oklahoma City - Aug 6, 2007 11:10 AM
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Larry, Newcastle - You Sir, with all due respect, are a moron.
Lisa, Edmond - Aug 6, 2007 11:08 AM
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Is it true the homeowner of the house where the snake was, was actually on vacation and a neighbor saw the snake and called police to an empty home?! I really do hope this is just rumor. Either way, the officers and city manager need to lose their jobs at the very minimum. And anyone else involved in the training of these officers.
Douglas, Omaha - Aug 6, 2007 10:58 AM
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This was no accident, this was gross negligent conduct on the officers, the Chief of Police, for failing to train those officers on the proper use of thier weapon, and the City Manager of Noble, Bob Wade should be fired for his insistence this was an accident.

Steve, Perry OK
Steve, Perry - Aug 6, 2007 10:45 AM
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John from OKC you said it all and you stated it very well. Those are my thoughts exactly, and I agree whole heartedly with everything you wrote. My thoughts and prayers are with all the families involved in this. The entire Tracy family are the most gentle, sincere, loving people anyone could ever meet. I have known them since I was a young girl and my heart sincerely goes out to all of them.
Melinda, Moore - Aug 6, 2007 10:24 AM
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even andy taylor had enough sense to give barney only one bullet,,,fire the chief also
henry, norman - Aug 6, 2007 10:16 AM
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Okay, someone explain this to me. Whenever over zealous policemen decide to chase a suspect on a motorcycle or car, and just happen to have a wreck and kill themselves, it is not an accident, but the perp is tried for murder. How then, can it be that when a POLICE officer decides to fire a gun at a SNAKE!! which is not a life threatening situation, and shoots and kills someone, it is an "accident" and that's just the way it is!! How STUPID does the police officer have to be to know that you don't just SHOOT your gun with reckless abandon?? She may be SORRY, as I am sure the perps that led the policeman on the chases are also sorry, but sorry doesn't bring back the dead. This cop needs to be tried. She acted with wreckless abandonment!! STUPID, STUPID!
kristi, stillwater - Aug 6, 2007 9:52 AM
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Just keep the family and the police officer in your prayers. This was a tragic accident and both families are in need of support. Let law enforcement do their job and stop trying to analyze every little detail.
Shelia, Norman - Aug 6, 2007 9:51 AM
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I am not in Oklahoma, but I want to comment and say this is absolutely unreal that a professional law enforcement officer could be this careless of human life. I cannot imagine ever discharging my duty weapon other than in self-defense without getting the OK of my supervisor, and I guarantee you there would be plenty of discussion before that OK was given. There are attempts to blame the homeowner or to say this was just an accident, but there is only one person to blame --- the officer who discharged his/her weapon in violation of every safety rule known to man. Hindsight is always 20/20, but when you are on a call where lives are not in immediate danger, then you must handle the call with intense analysis of what could happen. Use a shotgun, use a shovel or rake, or, what I would do, is knock the bird house down if the homeowner really wanted the snake killed. To fire in an elevated manner in a residential neighborhood in a non-threatening situation is absolutely beyond belief. I cannot and will not excuse or condone what this officer did, which in my state would go to the grand jury for a possible manslaughter indictment. Even if this officer does not get time, he/she needs to be barred from ever working in law enforcement again or ever having a gun permit of any form.
steve, Slidell - Aug 6, 2007 9:39 AM
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I would like everyone to stop referring to this incident as an "ACCIDENT, it is called "2nd Degree Murder-Imminently Dangerous Conduct 21 O.S. 701.8 and Reckless Discharge of a Firearm 21 O.S. 1289.11."

Here are the elements of each crime:(form your own opinion now and tell me what ya think:)

2nd Degree Murder-Imminently Dangerous Conduct 21 O.S. 701.8

1.) the death of a human
2.) caused by conduct which was imminently dangerous to another/other persons
3.) the conduct was that of the defendant
4.) the conduct evinced a depraved mind in extreme disregard for human life
5.) the conduct is not done with the intention of taking life of or harming any particular individual.

Reckless Discharge of a Firearm 21 O.S. 1289.11

1.) knowingly engaged in conduct
2.) possession of weapon
3.) actions such as creating a situation of unreasonable risk and probability of death or great bodily harm to another
4.) demonstrating a conscious disregard for the safety of another person.

In a residential neighborhood, it is not safe to shoot any weapons. There are thousands of places that bullet could go after it hits the primary target.

I am truly embarrassed. I am a Law Enforcement officer of 8 years and tonight, while on patrol; at a convienence store, a woman made a statement to me that all cops are idots. I asked her what she was referring to and she stated that the boy should be alive and how could that have happened? We talked for a little bit and I convinced her otherwise, all are not created equal. My heart and prayers go out to the family and just as well to the officer.(Im sure, all parties involved are devasted.) However, I have no reservations for the City Manager or the Chief of police. That officer failed and the City Manager and Chief of Police failed to properly train that officer and furthermore, have no clue....their statements and accusations are absurd. Secondly, rather a citizen gives you permission or not to fire your weapon....you as the officer are liable and (hopefully trained) for your actions and must make the correct decision...(rather you have a split second to do it or not) you can not put the blame on the citizen. Third, the City of Noble probably still maintained the Animal Control equipment....send the second officer back to the station and retrieve the noose bar, while the other officer stays on the scene, then come back and safely remove the snake
fourth, after failed attempts with garden tools, and as a very last resort maybe........use your 00 buck shotgun.......maybe.....I said. It is hard to say but... I can honestly say.....I would not have fired my duty weapon period!!!!!!! The only time you are to fire your weapon....when deadly force is authorized!!!

I would like all people to maintain there trust in us and to not condem all law enforcement officers. Justice will prevail!!!!

Secondly, I asked all persons on this board to pray for the family and the officer!!
john, Oklahoma city - Aug 6, 2007 3:34 AM
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Great post Jessica. Couldn't have said it better myself.
Larry, Southside - Aug 6, 2007 1:27 AM
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I cannot even imagine the pain and suffering the family must be going through right now. My prayers and thoughts will be with each and every one of them over this tragic ACCIDENT. I would also like to comment on all of the comments left by others about our law enforcement agencies. The ignorancy shown in these comments is abundant. You have no idea what officers go through on a daily basis and the decisions that must be made at the drop of a dime. I am not condoning the actions of the officers involved but not only will they have the guilt on their shoulders, there will be no doubt that they will pay for their mistake. I get so tired of hearing people constantly bad mouth our law enforcement officers. Until one of you makes the decision to protect your fellow men (and sometimes make VERY big mistakes) and enforce the law (to constant criticism) you have no idea what it is like to be in that position. I find that most people who have such negatively skewed views of the police are people that have had run ins with the law... May God be with the Haley/Tracy families, the police officers involved, the city of Noble, and every man, woman, and child who puts their life on the line for the freedom of others....at home or abroad. "Blessed are the peacemakers, for they shall be called sons of God."
jessica, mwc - Aug 5, 2007 11:45 PM
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Hey mister from bogata, RIGHT ON my friend. All involved should be held accountable. But please, like myself, do NOT hold your breath. Same with Tod from BA. Corruption runs deep and as the flow goes, gets deeper with every minute. But then again, we might see a miracle of those involved [Wade, and the hidden ID of those guilty] get what they deserve. I look forward to the final say. Either way, I pray for the family of this child. After all, they WILL pay when their time comes. God will be sure of that. He has the final answer.
Charles, Oklahoma City - Aug 5, 2007 11:44 PM
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Heads need to roll over this. The incompetent
Tod, Broken Arrow - Aug 5, 2007 11:34 PM
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Heads need to roll over this! For starters, the incompetent City Manager, Bob Wade, and his police chief, who lives nearly an hour away from Noble!
Tod, Broken Arrow - Aug 5, 2007 11:33 PM
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1) Comments about basic shooter safety are " right on target" ,and cops should be held to a MUCH higher standard of firearms safety than the rest of us , much the way big rig drivers should be with driving safety. I mean they carry guns EVERY day right ? I mean my dad taught me about making sure what was behind your target at age 6 in the pasture with the old bolt action .22 2) Celebratory gunfire killing people in Iraq ? My original comment was about comparing Oklahoma to a THIRD world country , Iraq is like a FOURTH world country ( do those exist ? ) so props to Al from Davie for doing me one better there. 3) If the cop has an iota of conscience ,the next time they pull a trigger it will be as they " eat a bullet" like in all those Joseph Wambaugh cop novels , how can they possibly live with what they have done ?
mister, bogata - Aug 5, 2007 11:32 PM
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The job of law enforcement is to protect and serve. To do no harm to the innocent and to not draw their firearm unless life and limb are in danger. These two officers failed all of the above. That being said these two and your city Mgr. should be held accountable for their actions and misstatements. This should not be an indictment for the entire Noble Police force nor for the entire state of Oklahoma law enforcement. Our love and prayers to Jack, Renee, Dalton and the entire Haley/Tracy families. God is with you at this time. In God's Army.
Douglas, Omaha - Aug 5, 2007 11:07 PM
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How tragic. I'm so sorry this happened. I don't know what really happened, but my prayers are with Austin's family.
Kristin, Norman - Aug 5, 2007 11:05 PM
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After watching the local news just minutes ago, the grandfather gave an ID of a MAN who killed his grandson. I am furious that someone would lie [Larry from Newcastle]on the sex of the killer. Why would you try to protect the Noble PD? He [granpa] specified that it was a man who killed his grandson. Not a women as you suggested. And he would not even explain[the officer] why the action taken that resulted in this senseless killing was warrented.I plan to follow this with a vengence for this family, as I smell a cover up.The Murrah's take justice seriously.After all, the family of this child deserves the truth. Not a cover up for some stupid cops. Shame on you Larry for trying to distort the truth. More to come as it is learned. Trust me.
Charles, Oklahoma City - Aug 5, 2007 10:48 PM
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There are 10 basic rules of gun safety. All gun owners should know them, and in order to get even a hunting license, you are taught them. One of those rules states "Know your target, and what's beyond it". This officer made a tragic mistake with fatal consequences by breaking that very very basic rule. My thoughts are with the family of this innocent young child.
Glenn, Noble - Aug 5, 2007 8:03 PM
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An accident is something that no one has specific control over, but this is a case of negligence, not an accident. The act of someone or something "accidentally" getting shot is a very rare event.
Justin, Oklahoma City - Aug 5, 2007 7:40 PM
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As we all know the ones of us growing up in a rural area you can kill a snake with a hoe or a shovel. If you choose to use a gun you don't use a 9mm how about a shot gun. The pellets spread out causing a slimmer chance of any danger to anyone else. There are so many people that become cops that it is the first time to handle weapons. Gun safety needs to be taught from toddler on up. And we need to make sure that a cop is fully aware of the surroundings before any shots are fired.
John, Leedey - Aug 5, 2007 7:03 PM
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The officer pulled their gun on PURPOSE and then used it in a reckless manner. No thought was given to what may be behind the snake. That itself is a violation of the LAW. Not to mention common sense. My prayers are for that family who are suffering for a stupid offence that should not have happened. I do not feel sorry for the officer who SHOULD have known better. Why someone would defend this action is absurd and needs to have their head examined. An accident happens due to things that can be out of our control. This officer did not think before pulling the trigger. Enough already on defending the criminal actions of someone who was supposed to know better. Go to the other news sites and read the posts others have made. After all, this is world wide now. It was a stupid, stupid action on the officers part. Coming from a family of lawyers, I say SUE the hell out of them. My late, great uncle would agree with me. By the way, his name is Alfred P Murrah. Ring a bell Larry?
Charles, Oklahoma City - Aug 5, 2007 4:22 PM
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Charles, you said this was "NO ACCIDENT". If it wasn't on purpose, then it was an accident. I can't describe the sorrow I have for the parents of that child. However, I have a lot of sorrow for the officer involved as well.
Larry, Southside - Aug 5, 2007 3:41 PM
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This is a case of redneck animal removal. A shovel or axe would have done the trick, AND the boy would be alive. I hope the family gets the max in a lawsuit, and the cop is fired and barred from owning guns ever again. Basic hunter's training teaches against this kind of tragedy.
Carol, Tuttle - Aug 5, 2007 3:09 PM
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Every New Year's Eve, people die as a result of celebratory gunfire. Same thing after Iraq won a soccer tournament last week. It's bad enough that "regular" people don't have the common sense to realize that "the bullet's gotta go somewhere". I would half imagine that the topic must have come up in cop training! WOW!

My prayers to the family and to the room temperature IQ that pulled the trigger...
Al, Davie - Aug 5, 2007 2:59 PM
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Every New Year's Eve, people die as a result of celebratory gunfire. Same thing after Iraq won a soccer tournament last week. It's bad enough that "regular" people don't have the common sense to realize that "the bullet's gotta go somewhere". I would half imagine that the topic must have come up in cop training! WOW!

My prayers to the family and to the room temperature IQ that pulled the trigger...
Al, Davie - Aug 5, 2007 2:51 PM
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Two of the fundamental lessons taught by the game wardens in their hunter/gun safety courses is 1) to NOT shoot at water because of ricochet and 2) always know what is beyond the intended target in case of a stray bullet. If the cops do not have the common sense to know this, maybe they should enroll in the hunter safety courses that most Oklahoma kids take. Beyond that, most kids are properly raised on how to handle guns in the state of Oklahoma, maybe they should be teaching the cops how to handle guns.
John, Perry - Aug 5, 2007 1:42 PM
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The Tracy and Haley families are dear friends of ours and I wish everyone to remember that even though there is definate contriversy on what actually happened and who should be at fault, that there is a family in such mourning that their hearts are ripped completely out. So please remember to be respectful to them and also think of how this police officer must be feeling right now too.
Lou Anne, Lexington - Aug 5, 2007 1:28 PM
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So, your saying the officer purposely shot the child?
Larry, Southside - Aug 5, 2007 12:14 PM
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What happened was no accident. When learning how to handle a firearm, one of the first rules is to know what is BEHIND you are shooting at. These people [supervisor] included should know better. If it was a normal citizen, they would be facing involuntary manslaughter as the least. This was NO ACCIDENT.
Charles, Oklahoma City - Aug 5, 2007 12:07 PM
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Just an FYI, word on the street is the cop is a "she".
Larry, Southside - Aug 5, 2007 11:26 AM
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This is pathetic! When I was an 18 year old kid, I killed snakes with a shovel. This police officer should be charged with manslaughter. Where are the real men in this country anymore?
Mike, Yukon - Aug 5, 2007 11:22 AM
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Just an FYI, word on the street is the cop is a "she".
Larry, Southside - Aug 5, 2007 11:21 AM
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Yes, nothing stupid ever happens in any other part of the country. Mister and the cop that shot this kid have a lot in common.
michael, mustang - Aug 5, 2007 10:26 AM
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You Sir, with all due respect, are a moron.
Larry, Southside - Aug 5, 2007 10:12 AM
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I'm sure this one will hit the national news outlets soon and once again show the country and the world that Oklahoma is a PROFOUNDLY backwards and dangerous place to live, more akin to a third world country that one of the United States. Booomer Sooner !!!!
mister, bogata - Aug 5, 2007 8:28 AM
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I'm sure this one will hit the national news outlets soon and once again show the country and the world that Oklahoma is a PROFOUNDLY backwards and dangerous place to live, more akin to a third world country that one of the United States. Booomer Sooner !!!!
mister, bogata - Aug 5, 2007 8:17 AM
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There is nothing in my comment that said the officer did it on purpose. My point is if they [the officers] were following the LAW,and common sense this would not have happened. That is all. That and if it were a regular person, they would be in jail. Period.
Charles, Oklahoma City - Aug 5, 2007 2:22 PM
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My thoughts and prayers are with family. It doesn't matter to me whether the cop was female or male. The same law applies (or SHOULD apply) to those who's duty it is to enforce it. If I were the cop I'd have a very difficult time making it through each day. However, this is a case of neglect and, if anything, she/he should not be a cop any longer. Apparently, it is too much responsibility for them to deal with safety precautions that go along with the duty. May God be with the cop, Tracy, and Haley families during this difficult time.
M., Moore - Aug 5, 2007 9:33 PM
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