We covered this story back in February of this year.
In short, a man had been robbed at a drive-up ATM in Texas. The victim then got out of his car and exchanged gunfire with the fleeing suspect. The victim then fired at a truck he thought the suspect got into, but that was his mistake. The truck was occupied by a family on their way to get pizza. A 9-year-old girl was struck by the victim’s gunfire and tragically passed away a few days later.
The man who was robbed and negligently shot and killed the young girl was charged with aggravated assault and serious bodily injury. Yesterday, a grand jury could have indicted him on these charges as well as manslaughter and murder, but they did not.
“However, the grand jury’s decision was not a surprise as prosecutors’ efforts, in this case, had little chance of success, according to a legal expert. Texas law “gives very, very broad self-defense rights for people carrying guns, even if the person makes a mistake,” said Sandra Guerra Thompson, a law professor at the University of Houston Law Center.” via NBCVFW
The man’s attorney stated, “Mr. Earls did what we believe anyone in that situation would have done.” I have to disagree with that. He is the one that got out of the car and decided to engage with the fleeing suspect. Reports state that the suspect fired shots at the man AFTER he got out of his car. The suspect got off $20, a check, and his car keys. Does that really warrant getting into a shootout with someone? In my opinion, no, it isn’t.
And now this family has to live the agony of losing a loved one that was so young. Meanwhile, the suspect is still unidentified and at large.