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Boy's action 'justifiable', 11-year-old shoots, kills assailant
South Bend Tribune (Indiana) | February 6, 2002 | Gwen O'brien

Posted on 02/06/2002 8:40:01 AM PST by Travis McGee

Boy's action 'justifiable'

11-year-old shoots, kills assailant

By GWEN O'BRIEN

Tribune Staff Writer

SOUTH BEND -- When Tony D. Murry held a box cutter to Sue Gay's neck Monday night, Gay's 11-year-old adopted son ran upstairs at the home at 1348 N. Huey St. and grabbed a gun.

"He hit the bottom of the stairs with the .45 and stood ready stance with the gun," said Gay with feet spread apart and her hands outstretched as if holding a handgun.

The boy shot one round and hit Murry, 27, in the chest, even though the man was shielding himself with Gay. "I don't know how he did that. One shot and he got him. He's my little hero," Gay said of the grandson she adopted.

The fifth-grader may not have been just a lucky shot. This is a family that knows guns. "Before his dad died, they'd go target shooting. He knows they're not toys and not something to mess with," Gay said.

Ironically, it was guns that Murry may have come for in the first place. "Murry demanded all the weapons in the house. Gay's late husband was a weapons collector and Murry knew of the collection," said St. Joseph County Prosecutor Chris Toth, who said this was a case of justifiable homicide.

Gay said her daughter, who is the boy's biological mother and currently in prison, was acquainted with Murry. Murry, or "Casper" as Gay knew him, would come by every couple of months to ask about Gay's daughter. The two never dated, according to Gay.

"I'm not sure where they met. Probably in South Bend when she was off on one of her drug binges," Gay said. In an arrest in November, Murry listed "drug dealer" as his occupation, according to booking records at the St. Joseph County Jail.

"I'm upset because she put us in this position. She didn't send him (Murry) over here, but he was one of her acquaintances. I'm more mad at him though," Gay said.

Murry had been inside Gay's house before Monday night and she trusted him. But this visit was different. "I know he was drunk. At first he wanted me to buy him booze. Then he wanted me to drive him home. I don't leave my house after dark," Gay said.

Gay said Murry had been at the house for about a half an hour. She said she asked him to leave at 8 p.m. because she needed to go to bed. She normally leaves for work at 3 a.m.

"He got irritated and asked for a drink of water. When I was in the kitchen he held the razor knife (box cutter) to my son's throat and said, 'This is not anything personal,' " Gay said.

Then Murry rushed up behind Gay and held the box cutter to her throat, she said.

"He told me, 'Take me to where the guns are.' He pushed me through the kitchen and into the front room," Gay said. Gay stopped at the love seat, put her left foot on it and pushed back on Murry, she said. "I pushed up so he couldn't push me forward any more, and I tried to push his hands down off my neck but he had a tight grip. I called for my son to say 'call 911,' " Gay said.

That's when the boy appeared with the gun. Murry ducked his head behind Gay's small frame. Some of his torso was left unshielded.

"I'm looking down the barrel of a gun that's in an 11-year-old's hands. I knew that if he pulled that trigger I was going to die," Gay said.

But Gay was not hit. She said they didn't immediately know Murry had been shot. "Casper went for the front door, turned the handle and went out of the house. My son ran to me and set the gun down. I hurried up and locked the door and called 911," Gay said.

South Bend police found Murry, of 2009 W. Linden Ave., outside the home. He died in the emergency room at Memorial Hospital.

"The young man reasonably believed his mother and himself to be in danger of dying. It was clear to us this was a justifiable homicide," Toth said. "He did what he had to do. That's an unfortunate burden for an 11-year-old to have on him," he said.

Murry had a criminal history. Between 1993 and 2001 he had several misdemeanor arrests. Murry had a theft conviction from 1994 and a conviction for attempted theft in 1993, which was treated as a misdemeanor. Murry had been convicted of unarmed robbery for which he received a four-year prison sentence in 1997. At the time of his death, Murry was charged in two Class D felony auto theft cases pending in St. Joseph Superior Court. He was scheduled to appear in court Feb. 26 for a possible guilty plea.

Meantime, Gay said after 23 years at 1348 N. Huey St., she is putting the house up for sale and moving with her son out into the county, where her fiance lives.

Gay said the boy is doing well since the shooting. "He's proud of himself. He feels bad he took a human life. But he didn't want to lose me. He lost his dad three years ago to a heart attack," Gay said.


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: banglist
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To: harpseal
Please note I did not say teach them to shoot

The way this is written it could be taken to mean the kid taking them out to teach them how to shoot.

:-)

Appropriate.

For those who are worried about the kid, there's some indications that he's not affected by the incident significantly. Some percentage of the population would not be, it is probable, from his actions, that he is a member of that percentage.

And, yes, he should get many medals. That was cool, quick thinking. He obtained a weapon, he obtained a serviceable weapon, he either loaded it or knew it was loaded, he put it into service and apparently fired it with care in a high-stress environment. That's damned hard to do for most professionals.

Good job kid.

101 posted on 02/07/2002 4:08:44 AM PST by Abn1508
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To: Abn1508; Cap'n Crunch
Credit or blame for that remark goes to Cap'n Crunch a law enforcement officer with a sense of humor.

Stay well - Stay safe - Stay armed - Yorktown

102 posted on 02/07/2002 4:52:29 AM PST by harpseal
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To: RogueIsland
I just didn't like the feel of that slide gaining momentum and slapping back into my hand, and my wife liked it even less. Got her an SP101 instead, she shoots 110 gr. Silvertips thru it like a champ.
103 posted on 02/07/2002 4:55:34 AM PST by OKSooner
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To: Travis McGee; CCWoody; bang_list
Memo to ALL of us:

Start training the kids young.
(I started my daughter with a Colt 1908 in .380 at age 4.)

104 posted on 02/07/2002 5:17:16 AM PST by Jerry_M
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To: OKSooner
Interesting. My dad has arthritis and he doesn't like it either. I think it's because the recoil, while not large, is quite "snappy" for the reasons you mentioned. I put Hogue wraparound on mine. Seems to be more manageable that way.
105 posted on 02/07/2002 5:22:35 AM PST by RogueIsland
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To: Jerry_M
It's Rugers for me: the standard model .22 pistol, and 10/22 rifle.
106 posted on 02/07/2002 5:53:16 AM PST by Travis McGee
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To: M Kehoe
I'm sure he will not be missed.
107 posted on 02/07/2002 5:54:45 AM PST by Travis McGee
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To: RogueIsland
" Now the Kimber Ultra Carry, that's got some kick."

I have a Springfield Armory V-10 Ultra-Carry. I love it and the recoil is very different because of the 10 barrel ports with no muzzle flip at all. That's why I bought it. The only problem is that even though it's my carry piece, It's not allowed in IDPA competition so I have to use a Colt Commander.

108 posted on 02/07/2002 6:30:33 AM PST by Shooter 2.5
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To: Travis McGee
The NRA oughta set up a scholarship fund for that brave little boy. No doubt, hands sturdier than ours were aiming that pistol as well. Tragic story but what an act of nerve and heroism from one so young. I was well acquainted with guns as well at 11 but was no pistolero for sure....

I salute that boy....he did his poor dead pappy proud.

109 posted on 02/07/2002 9:40:35 AM PST by wardaddy
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To: wardaddy
Yep, and I hope that the local LEOs "adopt him" and help set him onto an upward trajectory to college or the military.

He's too much of a "natural" for the good guys to lose.

And we need lots more like him.

110 posted on 02/07/2002 10:10:44 AM PST by Travis McGee
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To: RogueIsland
My friend bought a 232....he couldn't hit squat with it because it was sooo light that it had a relatively nasty kick for a .380....I showed him that he was anticipating the recoil and that was his problem. Now he can at least hit the broad side of the barn!-)
111 posted on 02/08/2002 1:08:30 PM PST by beowolf
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To: beowolf
I guess it does take a little getting used to. I can shoot the P232 accurately at 7 yards -- no point in practicing beyond that very much with a small CCW pistol. The Hogue grips definitely help with the recoil. Your friend my have better results with the Walther PPK. It's basically the same dimensions as the P232 but is heavier so it has a tamer kick. I also find it a little more accurate.
112 posted on 02/09/2002 8:01:27 AM PST by RogueIsland
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To: RogueIsland
I was able to get all the rounds inside of a 10" circle at about 20'. That's just about the most you can hope for with a gun that light and with that short of a barrel. I does fit in a pocket very nicely, though!-)
113 posted on 02/11/2002 11:14:03 AM PST by beowolf
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To: beowolf
"I was able to get all the rounds inside of a 10" circle at about 20'."

Keep practicing. You should be able to shoot a 8 inch group at 60 feet.

114 posted on 02/11/2002 11:27:10 AM PST by Shooter 2.5
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To: Shooter 2.5
LOL...probably true, but it wasn't my weapon. I was just shooting it to see if the problem was the gun, or my friends technique.

My preference is a Colt Commander, with which I can easily do what you describe.

115 posted on 02/11/2002 11:35:22 AM PST by beowolf
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To: beowolf
I noticed some freepers expressed concern that the boy will feel guilt for taking a human life. I doubt it, he was protecting his mother. Could any one really feel guilty in these circumstances? I am pretty devoted to my mother, and would lose no sleep over any of my actions done in her defense.
116 posted on 02/11/2002 11:54:53 AM PST by loudzoo
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To: loudzoo
Actually, I think an 11 year old kid would suffer from nightmares/guilt, regardless of their ability to rationalize.

The kid had to do what all soldiers hope not to have to do....without the training and psychological preparation that enables them to live with themselves after being forced to 'play G_d'. Being 'right' doesn't help too much.

Nobody, ever, carries that burden easily. I hope the kid has a good psychiatrist.

117 posted on 02/11/2002 2:06:15 PM PST by beowolf
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To: beowolf
I was able to get all the rounds inside of a 10" circle at about 20'. That's just about the most you can hope for with a gun that light and with that short of a barrel.

My dad took me to school last year by casually nailing steel silhouettes at 50+ yards offhand with his Walther PPK one day. The accuracy to be had with a good quality handgun is usually better than the person firing it.

118 posted on 02/12/2002 3:55:22 AM PST by RogueIsland
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