Mashburn said both Rogers and Richardson had to surrender their police certification at sentencing. He also said the kind of expungement Rogers was granted will not completely erase the former officer's connection to Austin Haley's death.
“Law enforcement will still have access to all these records,” Mashburn said. “Obviously, that would include any potential law enforcement employers.”
At the time of Austin Haley's shooting death, the former Noble officers had been called to a rural property to help an animal control officer remove a snake from a birdhouse.
Court records show that Rogers fired two shots at the snake, which was hanging from the birdhouse when they arrived, after Richardson gave him the go-ahead.
One of the bullets struck Austin Haley, who had been fishing with his grandfather at a nearby pond moments earlier, in the back of the head.
An affidavit filed indicates that a neighbor told Rogers and Richardson there was “nothing in the heavily wooded area” where the pond is located.
Jack Haley said his family has healed since his son's death but admitted Rogers' expungement has reopened old wounds.
“We want everybody to know that we still have forgiveness ... but this is no longer about forgiveness,” he said. “It's about public safety and the fact that we don't want these guys to be officers again.”