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.
I don't think the boy will feel too bad for too long. It was definitely a righteous shoot, and the boy knows full well that had he NOT shot the man, both he and his mom would be dead. And he may not have been thinking of KILLING the man; probably more like just wounding him so that he would release his mom. So I don't think the boy will be feeling a whole lot of guilt, and I don't think he SHOULD!
;0)
he said he LOVED theold semi auto but he said it had only ONE major design defect, as he said, ROFL, in his words, "IT KICKED LIKE A MULE!!!"LOL he poached not a few deer during his time as a fire lookout operater at the old KOZMOS lookout around Morton WA
He also will walk around knowing everybody who looks at him at school and in the neighborhood look at him as a killer.
Just because you were right to do something doesn't mean the human nature goes away.
Chance favors the prepared mind...
I had a 12 gauge with an 11 inch barrel. That was one hand hurting gun. The breech opening mechanism was pure hell on the web between your thumb and finger.
I know someone's gonna say "or teach them how to shoot." So I might as well say it.
She should be writing and calling her congresscritters and politicians and trying to find ways to amend herself for letting the 11-year old access to evil firearms. Maybe she should volunteer to work for Sarah Brady or VPC for free for the rest of her life.
Sounds to me like the kid will never again have to take out the trash -- he's already done it.
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