Brandon O’Quinn Rasberry, 32, was shot in the head in 2022 while he slept at an RV park in Nixon, Texas, about 60 miles (97 kilometers) east of San Antonio, investigators said. He had just moved in a few days before.

The boy’s possible connection to the case was uncovered after sheriff’s deputies were contacted on April 12 of this year about a student who threatened to assault and kill another student on a school bus. They learned the boy had made previous statements that he had killed someone two years ago.

The boy was taken to a child advocacy center, where he described for interviewers details of Rasberry’s death “consistent with first-hand knowledge” of the crime, investigators said.

  • RegalPotoo@lemmy.world
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    6 months ago

    Don’t know about US law, but where I live we have a “Preventative Detention Order” - the threshold for it is very high, but it essentially works as a sentence of “until rehabilitated”, you are incarcerated until the court decides that you are no longer a threat to the community, even in cases where a life without parole sentence wouldn’t be possible. In a world where I am supreme ruler, it’d automatically apply in cases where someone who has a conviction for a violent crime commits another violent crime.

    Also, how the hell does an 8 year old get a gun? Surely whoever failed to secure it - or even worse gave it to a minor - would be looking at an accessory change?

    • Flying Squid@lemmy.world
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      6 months ago

      Rehabilitation doesn’t happen in the U.S. It’s entirely about punishment.

      If you’re in prison here, you deserve it. Even if you’re innocent.

    • jordanlund@lemmy.world
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      6 months ago

      Also, how the hell does an 8 year old get a gun? Surely whoever failed to secure it - or even worse gave it to a minor - would be looking at an accessory change?

      Stole it from the glovebox of his grandfathers truck, it’s in the article.

      But even if the glovebox was locked, if you have the keys to get into the truck, you have the keys to open the glovebox.

        • jordanlund@lemmy.world
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          6 months ago

          Kid shot the other dude while he was asleep, so it could be the kid got up in the middle of the night, took the keys to the truck, and unlocked the gun.

          I can’t see how you could hold grand dad accountable. Nobody could predict an 8 year old that psychopathic. :(

            • jordanlund@lemmy.world
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              6 months ago

              In Texas?

              https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.13

              “IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.”

              But then:

              “(3) ‘Secure’ means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.”

              So, placing the gun in a locked glovebox in a locked car would be securing it as far as Texas is concerned.

              Further:

              "(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:

              (1) failed to secure the firearm; or

              (2) left the firearm in a place to which the person knew or should have known the child would gain access.

              © It is an affirmative defense to prosecution under this section that the child’s access to the firearm:

              (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;

              (2) consisted of lawful defense by the child of people or property;

              (3) was gained by entering property in violation of this code; or"

              So under c3 - The kid stealing the keys and getting the gun anyway would seem to exonerate grand dad.

              • Kecessa@sh.itjust.works
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                6 months ago

                If I put a gun in a safe and keep the key readily available to anyone, it’s not safely stored.

                  • Kecessa@sh.itjust.works
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                    6 months ago

                    Yeah, and a reasonable person would realize that putting it in a vehicle the kid can easily unlock isn’t safe, if that’s how they wanted to store their firearm they should have kept the key in their bedside table during the night, like they would if it had been stored in an actual gun safe.

              • hessenjunge@discuss.tchncs.de
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                6 months ago

                Sec. 46.13. (b) (2) left the firearm in a place to which the person knew or should have known the child would gain access.

                There is no way that gramps can’t be charged for doing exactly that.

                According to 46.13. (e) it is only a class A misdemeanor however. IMO this should be treated as a felony.

                  • hessenjunge@discuss.tchncs.de
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                    6 months ago

                    Which of these apply to the situation needs to be decided by a court, right?

                    Let’s try a different situation: the loaded gun is locked up in a cupboard. The child knows about the gun and the key. The key is easily accessible to the child.

                    Do you think the law applies in this case?

            • jordanlund@lemmy.world
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              6 months ago

              Texas’ safe storage law only requires it be “secured”, not the methodology for securing it.

              https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.13

              (3) “Secure” means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.

              “locked container”. So in this case, a locked glovebox in a locked car. Now if he failed to lock either, that’s a problem.