7 year old fatally shot...

**Sabres244** · 05-10-2009 05:37 PM

A 7-year-old boy who was allegedly shot in the head by a couple who thought he and three other people were trespassing on their property died Saturday, authorities said.

Donald Coffey Jr. died Saturday morning at a Houston hospital, less than two days after the boy was struck in the head by shotgun pellets, Liberty County Sheriff's Cpl. Hugh Bishop said.

Sheila Muhs and her husband, Gayle Muhs, both 45, were charged with second-degree felony counts of aggravated assault in the shootings Thursday. They were being held at Liberty County Jail with bail set at $25,000 each and had not yet retained an attorney, Bishop said.

Bishop said the district attorney could upgrade the charges to murder on Monday, but investigators were "still trying to get the circumstances behind the incident."

The boy, his 5-year-old sister, their father and a family friend were off-roading near a residential area about 40 miles northeast of Houston when they were shot after stopping so the children could go to the bathroom.

Authorities said the couple fired after they mistakenly thought the group was trespassing on their property.

Bishop said the area includes a dirt road, trees and overgrown brush and that it wasn't uncommon for people to go off-roading there. The Houston Chronicle reported that a sign in front of the suspects' home reads: "Trespassers will be shot. Survivers will be reshot!! Smile I will."

Liberty County Chief Deputy Ken DeFoor said Sheila Muhs fired a 12-gauge shotgun once, then handed it to her husband, who also fired once.

DeFoor said Sheila Muhs then called 911 and told the dispatcher: "They're out here tearing up the levee, so I shot them."

DeFoor said the levee belonged to the subdivision and was not private property.

Bishop said there was no indication the unarmed victims did anything threatening toward the Muhs.

Donald Coffey Sr. suffered a pellet wound in his right shoulder and his daughter, Destiny, suffered a wound to the elbow. The family friend, 30-year-old Patrick Cammack, was in serious condition Saturday with a head wound, Memorial Hermann-Texas Medical Center spokeswoman Alex Rodriguez said.

http://news.aol.com/article/texas-tr...oting%2F472454

**Wiener Knife** · 05-10-2009 06:21 PM

why do you feel the need to kill trespassers at all?

they should be prosecuted to the fullest extent of the law, including first degree murder.

**Officer Joseph J Whitestick** · 05-10-2009 06:48 PM

Originally Posted by Emocoremakesmecry

why do you feel the need to kill trespassers at all?

they should be prosecuted to the fullest extent of the law, including first degree murder.

They may get off on the castle doctrine though. Just like the guy who shot those 2 guys in Houston who were robbing his neighbors house.I know the circumstances are different but the castle doctrine is vague.

**Wiener Knife** · 05-10-2009 08:02 PM

those guys were robbing his neighbor's house. If I'm not mistaken the victim wasn't even on their property. Plus, it's a 7 year old.

here is the text from the castle law.

Senate Bill 378 amends provisions of the Penal Code and the Code of Criminal Procedure relating to the use of force or deadly force in defense of a person. The bill creates a presumption of reasonableness for the belief of a person who takes such action that the use of force or deadly force to protect the actor was immediately necessary and provides that the presumption would be reasonable if the actor:

1) knew or had reason to believe that the person against whom the force or deadly force was used unlawfully and with force entered, or attempted to enter, the actor’s home, vehicle, or place of business or employment; unlawfully and with force removed, or attempted to remove, the actor from the home, vehicle, or place of business or employment; or was committing or attempting to commit certain serious crimes;

2) did not provoke the person against whom the force or deadly force was used; and

3) was not otherwise engaged in certain criminal activity at the time the force or deadly force was used.

The bill provides that an actor who has a right to be present at the location where the force or deadly force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at that time is not required to retreat before using force or deadly force.

Senate Bill 378 also provides immunity from civil liability for a personal injury or death resulting from the use of force or deadly force to a defendant who was justified under the law in using such force or deadly force.

I highlighted the pertinent portions of the law. I dont' see how the castle doctrine could possibly apply.

**stepsukie** · 05-10-2009 08:31 PM

**Officer Joseph J Whitestick** · 05-10-2009 11:58 PM

Keep in mind it's Texas. No one thought that one guy would get away with killing 2 people who were robbing his neighbors house especially when he told the 911 operator he wouldn't wait for police and he was gonna kill them. I think he should be prosecuted cause you can't justify killing a 7 year old but in Texas you never know.

**Wiener Knife** · 05-11-2009 10:34 AM

Originally Posted by JMNY83

Keep in mind it's Texas. No one thought that one guy would get away with killing 2 people who were robbing his neighbors house especially when he told the 911 operator he wouldn't wait for police and he was gonna kill them. I think he should be prosecuted cause you can't justify killing a 7 year old but in Texas you never know.

The difference should be that he was defending property and robbery is a more serious crime than trespassing. You can't say you were defending your proeprty because a trespass isn't someone trying to take something from you. I think that is where the distinction should lie and a good rposecutor will bring that up.

But I see your point and assume that any decent defense attorney is going to assert a castle doctrine defense as well as mistake, and lack of intent to kill.

**Mr. TBS** · 05-11-2009 11:37 AM

Trespassing on property - you call the cops if they don't leave after you've asked them to...let them deal with it.

Shooting at someone or in the vicinity of someone should be taken if the individual does not heed warnings, makes threatening gestures or threats and continues toward your house.

That's how I'd probably react if I had a gun...and if I really cared if people were on my lawn.

**MauvaisSang** · 05-11-2009 06:47 PM

Aggravated assault? You don't hang a sign like that unless you're looking to shoot someone. Those trigger happy rednecks ought to be castrated.

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