A Tragedy

[biku324]

I can't even imagine being this father.

A 16-year-old Ohio girl was fatally shot by her father after he thought she was an intruder breaking into their home, according to a 911 call obtained by NBC News.

The girl, Janae Hairston, died Wednesday at a Columbus hospital about an hour after she was shot in the garage of her parents' home on Piper Bend Drive.

In the nearly 8-minute 911 call, Hairston's mother tells a dispatcher that her husband accidentally shot their daughter. The hysterical mother begs for an ambulance as a man in the background says repeatedly, "breathe, baby."

“My husband made a mistake and shot her because he thought she was an intruder," the mother says. "She was in our garage and my husband just didn’t know what was going on. Oh my God.”

The mother says she thinks the teen was shot in the chest. Both of the parents can be heard asking what the girl was doing in the garage.

Police arrived at the home about six minutes after the call was made.

The Columbus Division of Police said in a tweet that charges have not been filed and the case was forwarded to the Franklin County Prosecutor's Office for review.

MSN

 

[johngalt]

Prayers for the family. Unfortunately I am sure there will be the usual flood from the monday morning quarterbacks demanding that the father be prosecuted for a tragic mistake.

 

[Sistema1927]

"Always be certain of your target, and what lies beyond it."

A good argument for either a flashlight or a weapon mounted light. That sort of pain never goes away.

 

[zonker5]

"Always be certain of your target, and what lies beyond it."

Amen!

Either total stupidity or negligence on the part of the father. There is no excuse for something like this to happen.

 

[6518John]

Kids, no matter how good, have been known to sneak in and out of the house. Parents have to dial the guard instinct way down, especially if it involves an armed response. Make certain of your target, no matter what.

 

[Mule Packer]

Amen to what John just said. Tragic all around.

 

[Frailer]

A tragedy indeed.

Nothing here can be undone, but hopefully someone will learn lessons from this that might prevent a similar event in the future.

 

[Onomea]

I read about that. I also read/heard in the past few days of a father accidentally shooting his son. I did not read or hear the full story but my surmise is that the case was similar.

 

[moralem]

I could not live with myself from that day forward……enough said.

 

[damienph]

It is tragic. He shouldn’t have fired on an intruder unless his life was threatened.

Sad deal all around.

 

[luvsmiths]

The mother says she thinks the teen was shot in the chest. Both of the parents can be heard asking what the girl was doing in the garage.

Yup, it was all her fault.

 

[Skyhunter]

Tragic mistake and horrible situation.
I cannot even imagine the Dad and Mom's grief and anguish.
Prayers for the entire family, they're gonna need lots of help.

I won't comment on the could'a, should'a, or would'a - We ALL know the answers there. Just take the lesson and make darn sure it NEVER happens to you or yours. 'nuff said about that.

WYT-P
Skyhunter

 

[llowry61]

This is a terrible tragedy.

 

[robertrwalsh]

In some states a garage is NOT part of the house legally and the use of deadly force without definite reason may have legal problems attached. What time of night it was, if he knew the daughter was not in the house and other considerations will be involved. All that being said it is a terrible tragedy for all concerned.

 

[giants1]

Prayers for the family. Unfortunately I am sure there will be the usual flood from the monday morning quarterbacks demanding that the father be prosecuted for a tragic mistake.

Your comments raise a good point: where do we draw the line with prosecuting someone for an accident?

I think Alec Baldwin should be prosecuted for manslaughter, given his lack of gun safety training and just basic stupidity, notwithstanding his hypocrisy for being anti-gun, yet making a movie involving guns and refusal to man up that he, and not the gun, was responsible.

I'm more inclined to support prosecuting the father in this situation, because there was no imminent threat, he should have had identified the intruder visually, and/or should challenged the intruder with verbal commands. Obviously, he lacked formal training in self-defense or at least failed to run through test scenarios with home intruders/burglars.

In contrast, I'm more sympathic toward Kim Potter, the Minnesota cop convicted of manslaughter last week. Potter meant to use her taser and made spontaneous utterances to that effect, but was also dealing with a suspect resisting arrest.

At some point, society has to prosecute accidental deaths to deter them and encourage citizens' diligence. If we blankedly refuse to prosecute intra-familal deaths, then family members could be inclined to murder each other and appear to make it look like an accident.

 

[Beemerguy53]

Kids, no matter how good, have been known to sneak in and out of the house. Parents have to dial the guard instinct way down, especially if it involves an armed response. Make certain of your target, no matter what.

When my younger son was about 12, he spent the night at a friend's home, along with a group of other boys. The next day, the host's mother let us know that they had all snuck out of the house in the middle of the night, through a basement door, because they were hungry, and wanted snacks from a nearby convenience store.

When my son got home, we had a real serious talk about that...how foolish it was, and how easily somebody could have gotten hurt. I will never forget the look on his face...he really hadn't thought it through...

 

[sigp220.45]

What a terrible story. I hope for the Dad’s sake he is prosecuted. Let a judge and jury decide.

I had a case where a grandfather was driving on a reservation dirt road to get water at a communal well. He had his 4 year old grandson with him. The kid wasn’t restrained in any way - he was just jumping around on the front seat, being a kid. Grandpa hit a hole and the little guy bounced out the window and was run over by the back wheels, killing him. No more being a kid.

The boy was still on the scene when I got there, as was grandpa. I got a statement from gramps (he was a youngish grandpa, maybe late 50s) and he asked me to shoot him several times during our talk.

I went back to the office and started to write up a complaint charging him with involuntary manslaughter, based on his negligence in not having the kid at least in a seatbelt. Our secretary almost lost her mind - He’s suffered enough! Then a couple guys in the office chimed in and all of a sudden I was the bad guy (despite never having killed a kid in my entire life). I wrote it up anyway, and the US Attorney’s office spiked it, because “he had suffered enough”. Case closed.

When I told the grandpa he wasn’t going to be charged he just looked at me and shook his head. I think he felt at least getting charged would balance the scales some. He would have pled to anything.

Sad situations, all around.

 

[CCantu357]

I don't think anyone could fathom the feeling that this family must be going through. Hopefully people can learn from this tragedy. The way I figure, if you live in a home with multiple residents, the "bump in the night" is most likely a resident of the home and not an intruder.

 

[GerSan69]

For sigp:
I think you were absolutely right. There are some things where a policeman has discretion and it's OK to use it. When it involves the injury or death of another person, though, you just can't let it go with a warning. You just can't. You have to be the "advocate" for the victim, especially on a fatality of any kind. The dead cannot speak for themselves. It's up to the Officer to do it. If a DA or USA decides differently, then it's on him. They're further up the food chain and then it's out of your hands. But you did what was right, not what the "feelz" said to do. Proud of ya, man. I'd have done the same thing. Period.

 

[steelslaver]

i don't know exactly what happened. Their neighbor hood, history of crimes or threats. Just what happened in those seconds when he pulled the trigger. Did she suddenly move in the shadows. Yes, it is a serious mistake no mater how you look at it.

I do not think any court can give him a punishment worse than the one he gave himself. Sigp could be right. The guy might feel better about being in prison. Not saying he deserves a pass.
Life in prison is nothing compared to having to live with the knowledge you killed your child if your any kind of human at all

Tragedy for the child, the mother and even the guilty father.

Thank the Almighty that I have never had the pay the full tilt price for being reckless at times in my past.

I will take the "judge not and you shall not be judged" clause on this one.

 

[S-W4EVER]

"Always be certain of your target, and what lies beyond it."

A good argument for either a flashlight or a weapon mounted light. That sort of pain never goes away.

Exactly. A few years ago I read of a similar incident where a homeowner shot an intoxicated adolescent neighbor who mistakenly went through the wrong window.

When I served as a LEO, I carried a baton as well as a pistol. The pistol (fortunately) was never needed but the baton came in handy a few times. Bottom line: If all you have is a hammer, everything starts to look like a nail after awhile.

 

[M29since14]

That is beyond tragic. I can’t imagine how stuff like this happens.

 

[Pisgah]

i am so glad there are so many experts who can read one brief news report and immediately know not only exactly what happened but why, and how it could have been prevented -- even if they disagree with each other...

 

[rogerwnuss]

For God's sake, leave the man alone. Hasn't he lost enough to "teach him a lesson"?

 

[BB57]

"Always be certain of your target, and what lies beyond it."

A good argument for either a flashlight or a weapon mounted light. That sort of pain never goes away.

I agree a suitable light to ID the perceived threat is important.

That said, our garage has a light switch by the door. Don’t make it more complicated than it has to be, and never shoot unless you are sure an imminent threat exists,

 

[BB57]

I read about that. I also read/heard in the past few days of a father accidentally shooting his son. I did not read or hear the full story but my surmise is that the case was similar.

A police officer about an hour and a half from here in Jacksonville NC shot his son in the head. Reportedly a negligent discharge.

Most law enforcement officers are not firearms experts and accidents are unfortunately common.

 

[BB57]

Your comments raise a good point: where do we draw the line with prosecuting someone for an accident?

I think Alec Baldwin should be prosecuted for manslaughter, given his lack of gun safety training and just basic stupidity, notwithstanding his hypocrisy for being anti-gun, yet making a movie involving guns and refusal to man up that he, and not the gun, was responsible.

I'm more inclined to support prosecuting the father in this situation, because there was no imminent threat, he should have had identified the intruder visually, and/or should challenged the intruder with verbal commands. Obviously, he lacked formal training in self-defense or at least failed to run through test scenarios with home intruders/burglars.

In contrast, I'm more sympathic toward Kim Potter, the Minnesota cop convicted of manslaughter last week. Potter meant to use her taser and made spontaneous utterances to that effect, but was also dealing with a suspect resisting arrest.

At some point, society has to prosecute accidental deaths to deter them and encourage citizens' diligence. If we blankedly refuse to prosecute intra-familal deaths, then family members could be inclined to murder each other and appear to make it look like an accident.

I agree 100%. I’ve made myself unpopular with many of my friends and my wife’s friends by pointing out the obvious bits of the Potter case:

1) the need for any level of force at all would never have arose if Wright had not previously carried a handgun without a permit, and as such had an outstanding warrant for his arrest. The decision to arrest was also prompted by a restraining order against Wright, and the presence of a woman in the car who had not yet been excluded as the basis of that restraining order. Wright’s previous actions are what turned this from a simple citation to an arrest.

2) even with the arrest, had Wright not resisted and then attempted to flee in his vehicle not need for force would have existed. He brought this on himself.

3) a suspect attempting to flee in a vehicle with another officer still partly inside the vehicle and at imminent risk of serious bodily harm or death *was* a justification for lethal force.

4) Potter was charged and convicted because she immediately made an emotional statement after the shoot that she’d made a mistake. If she’d have lied and stated she intended to take Wright but at the last minute determined that would not have adequately addressed the threat to the other officer it would have been ruled a justified use of lethal force. That’s a lesson you can bet nearly every police officer in the country has learned and taken to heart.

It also a lesson armed citizens should take to heart. After a shoot remain silent. If asked to give a statement, respectfully decline. If you say anything at all, just state you were in fear of your life, you are still emotionally upset and you’ll give a full statement when you are ready and able (and you should under no circumstances be ready and able until after you’ve spoken with legal counsel).

5) Potter’s mistaking a gun for a taser isn’t common but it also isn’t unheard of and it happens about once or two each a year. It’s a known mistake that can be made under extreme stress. That is at odds with negligent intent.

6) the Potter prosecution is a great example of how the law as it pertains to jury trials has gotten out of hand. Some where along the line the role of the jury has been twisted from adding common sense and discretion to the legal process to instead only ruling on whether the letter of the law has been met - and juries are instructed to do just that, even when doing so flies in the face of common sense and an intelligent interpretation of the facts.

The same thing has occurred with mandatory sentencing laws that are intended to ensure sentencing isn’t arbitrary or disparate, but instead remove nearly all discretion from the prosecution and the court. The 110 year sentence for the truck driver in CO is a prime example.

———


Baldwin should be prosecuted in part because he was also the producer who underfunded the safety aspects of the set, including not hiring an arms master to properly manage the firearms and conduct essential safety briefings and weapons loading and clearing activities.

And as always, the actor actually shooting the gun should be properly trained to know and understand if it’s loaded, if so what it is loaded with, and personally verify the status of the weapon.

Baldin failed on all counts.

 

[ladder13]

i am so glad there are so many experts who can read one brief news report and immediately know not only exactly what happened but why, and how it could have been prevented -- even if they disagree with each other...

Why wait for facts? This is the forum way.

 

[BB57]

Why wait for facts? This is the forum way.

To be fair, there are a fair number of facts already known.

1) A father shot and killed his daughter;

2) while she was in her own garage;

3) because the father for some unknown reason thought she was an intruder.


Other than that unknown reason, not much of relevance is missing.

 

[Puller]

Most law enforcement officers are not firearms experts and accidents are unfortunately common.

No, they're not all firearms experts but they are trained to safely handle firearms.

"Unfortunately common"??? I could not disagree with this comment more. So much so I won't even argue the point although I would like to see a statistic that supports "unfortunately common" among LEO's.