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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: Travis McGee
Nice Shooting!... Now that's what I call gun control!!!
21 posted on 02/06/2002 9:05:49 AM PST by arly
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To: Travis McGee
How about the Citizen Corp Volunteer of the year?

The other two threads on this pointed out that the writer listed the complete home address for the family.

Some of us have written the author to tell her that it is inappropriate to do that as they are the victims and shouldn't be subjected to the worry that every criminal in town now knows where and when (grandma leaves for work at 3 a.m.) to go the steal a gun collection.

22 posted on 02/06/2002 9:09:57 AM PST by TheErnFormerlyKnownAsBig
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To: big ern
One of my friends at Central WA Univ , who was a COP by the way for the Altoona WA police stated that the 9MM was NOTORIOUS for not having enough stopping power. back in the late '20s early '30's he told a story of one man being shot 27 TIMES with a 9MM Parabellum cartidge and he only died when the lastbullet hit him in the head... So who can tell what he thought of the 9MM!!!
23 posted on 02/06/2002 9:10:23 AM PST by Roger_W_Isom
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To: Destructor
The only thing "TRAGIC" about THIS event was that MURRY was allowed to live THIS LONG IMHO
24 posted on 02/06/2002 9:11:56 AM PST by Roger_W_Isom
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To: big ern
This boy should get a certificate from Bush giving him advance credit for his 2,000 hours of volunteer service.

I'm sure he saved the local police and jailors far more than that over the next few years.

25 posted on 02/06/2002 9:12:27 AM PST by Travis McGee
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To: SMEDLEYBUTLER
Whoops! My bad. I got carried away and (I admit it) posted theis without checking first. SHAME! SHAME!
26 posted on 02/06/2002 9:14:30 AM PST by Travis McGee
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To: SMEDLEYBUTLER, Travis McGee
I think it's safe to say that most FReepers like a happy ending.

Good shooting, young man. Well done.


27 posted on 02/06/2002 9:15:38 AM PST by Joe Brower
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To: lexcorp
The kid should have called 911. The cops would have been there in seconds.
28 posted on 02/06/2002 9:16:01 AM PST by Own Drummer
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To: Travis McGee
There is a tragedy here: That an 11 year old boy has to live with this killing, although his target certainly deserved it.

That's a heavy burden for a child to carry. I hope he deals with it well, because what he did was certainly justified, and he is a hero.

29 posted on 02/06/2002 9:20:12 AM PST by LouD
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To: Travis McGee
The rules of marksmanship are the same for a boy as they are for an adult.
Good shooting kid.
(still, had I been the woman, I woulda sh*t my breeches when I heard the gun go off LOL)
30 posted on 02/06/2002 9:23:09 AM PST by Prodigal Son
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To: Joe Brower,all
Dennis Prager is doing a second "pro gun" hour on his radio show!

Talking about John Lott, the media blackout on "good shootings", media bias, liberal brainwashing etc.

31 posted on 02/06/2002 9:24:21 AM PST by Travis McGee
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To: Elsie
Don't let lieberman take our violent video games away ever.
32 posted on 02/06/2002 9:28:02 AM PST by weikel
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To: Travis McGee
This young man is a credit to American culture and to American liberty. Huzzah!
33 posted on 02/06/2002 9:30:25 AM PST by Lumberjack
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To: Roger_W_Isom
!!! They have a NOTORIUSLY heavy duty KICK!!!!

that would be news to the 90 lb. females I've taught to shoot it, or the twelve year old that was firing away with Mr. Kimber Custom last weekend.

34 posted on 02/06/2002 9:30:40 AM PST by fourdeuce82d
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To: Travis McGee
I've got two 11 year old grandsons who can handle my .45 Colt pretty well! One has been shooting my .45 since he was 9. [I made him sit at a bench so he wouldn't drop the weapon in the dirt.]
35 posted on 02/06/2002 9:32:46 AM PST by Chapita
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To: Travis McGee
"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.

An extra positive angle on the story.

36 posted on 02/06/2002 9:34:23 AM PST by Aquinasfan
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Comment #37 Removed by Moderator

To: Travis McGee
Dennis Prager is talking about this story right now, about guns in general, and the moron local St. Joseph's County DA who said "even though this was a justified killing, it is not any less tragic."

Taking a human life -- even that of a scumbag -- is likely a traumatic experience for an eleven year-old boy. That is the tragedy.

Dunno if that's what the DA meant, though.
38 posted on 02/06/2002 9:41:44 AM PST by Dimensio
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To: Bloody Sam Roberts
The force is strong in this one. ;)
39 posted on 02/06/2002 9:42:31 AM PST by outlawcam
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To: EricOKC
I agree re: the .357 magnum. The only handgun that has ever "hurt" my hand was a S&W 5-shot hammerless .357. 5 rounds and the web off my hand was sore for 2 days!!

What a honker!

prambo

40 posted on 02/06/2002 9:45:02 AM PST by prambo
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