Shooting Victim Part of Burglary First - KCBD NewsChannel 11 Lubbock

7/11/06

Shooting Victim Part of Burglary First

We now know the "look-out" in an apparent robbery was the same Lubbock child injured in a shooting.  NewsChannel 11 first broke the story Monday night as police placed crime tape around the scene at 1703 East Second Place just before 9:30 p.m.  Police tell us the boys involved are 9, 10, and 11-years-old.  The car where the boys found the gun is parked in the back yard of 1703 East Second Place.  There is a fence around part of the property with keep out signs posted.  Police say the 10-year-old apparently perched himself on a fence, acting as a lookout while the 9 and 11-year-old allegedly broke into the car.

At some point, the gun went off, grazing the 10-year-old, fortunately not seriously injuring him.  "While they were messing with it, it went off, shooting the 10-year-old, and that's when the police were called," said Lt. Jerry Brewer with the Lubbock Police Department.  "It shocked me, like I said, because we've never had anything like that happen here.  Everybody usually watches their kids," said neighbor Kathie Orser.

Orser was working on her computer Monday night when she heard what she thought was a door slamming.  "Then when we got up this morning, we found out that a child had been shot with a shotgun," said Orser.  We caught up with the owner of the gun. David Hightower tells us it was locked in the trunk, and that there were shells stored in the car.  Hightower does not know how the boys got in, but he says he's had to chase kids out of his back yard before.  "He's a good neighbor. I couldn't ask for a better neighbor, and I just don't know what the kids were doing out here at 9:30 at night. It just breaks my heart that it happened in his back yard," said Orser.

Police say Hightower will not face any charges because the boys broke into the car to get the gun, and with the car in the back yard, Hightower had a reasonable expectation of privacy. We're told that the 10 and 11-year-olds could face burglary charges.  Texas has an age of responsibility, which is 10-years-old and up, so police say they cannot present charges against the 9-year-old.  NewsChannel 11 is not releasing the names of the children because they're minors.

 7/11/06
Mother of Shooting Child Victim Tells Her Side of the Story
What happened when the shotgun went off is only truly known by the three boys involved. Tuesday night, we heard another side of the story.  NewsChannel 11's Cecelia Coy spoke with the shooting victim's mother who says police have something wrong.
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