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Three Teen Burglars Charged With Murder After Accomplice Accidentally KilledBALDWIN COUNTY, AL – Three teenagers in Alabama have been formally indicted on murder charges after one of their accomplices was accidentally shot and killed.

Three men, William “Nick” Hearn, Lonnie Davison, and Larry Dean Duncan, Jr., were camping with their families on Gravine Island when they heard someone breaking into nearby fishing cabins in the early morning hours on April 15. The men climbed into a boat and went to investigate, encountering Scott Byrd and Dylan Tyree, both 18, burglarizing a home owned by a man the men knew. The two teens were part of a foursome out burglarizing summer cabins.

When the two teens took off running, Hearn fired a warning shot into the ground away from the teens, as did Duncan. One of these shots accidentally struck 17-year-old Summer Moody in the head as she hid behind a bush with 18-year-old Daniel Parnell. Once the men realized Summer had been shot, the men called 911, administered aid, and rushed her to a nearby landing. Summer would live for 10 days before dying from her injuries.

Charges were not filed against Hearn and Duncan as police decided that the men did not intend to kill anyone and had no criminal intent. Baldwin County District Attorney Hallie Dixon said investigators did not let emotion or public opinion effect their investigation or their decision to not charge the men, but that the evidence did not show the men committed any crime, including negligence.

As for the three teens who had been with Summer that night as they burglarizing homes, they were not so lucky. Byrd, Tyree, and Parnell had initially been charged with burglary, but because they were committing a felony that lead to someone’s death, they have now been charged with murder. Baldwin County Sheriff Huey “Hoss” Mack said that during their investigation, they recovered a .22 rifle and a hunting knife the teens had been armed with, along with a hoodie containing a pocket full of shells. He also said the teens were armed with a .32 handgun that has never been recovered.

The attorney representing Moody’s family does not understand why the teens have been charged with Summer’s murder. “Charging the teens with murder is inconsistent in that the Baldwin County District Attorney has come out and had a press conference and announced to the press and the news that this was a ‘horrible, tragic, accident,’” said Robert Stankoski. “There is no crime of felony ‘horrible tragic accident.’ How can you find that the shooter in this case committed an accidental shooting and then charge the boys with murder? It’s completely inconsistent.”

But it really isn’t, as most readers of DD are aware after the numerous stories we’ve posted concerning people shot and killed during armed robberies, leading to surviving accomplices getting slapped with a murder charge. Dixon countered Stankoski by reminding him that the shooting was prompted by the teens committing a crime and that felony murder holds people accountable if they are participating in “inherently dangerous felonies” and someone is killed in the process. “These young men participated not just in a burglary but were armed,” Dixon said.

All three teens are currently in jail for burglary and murder. Byrd and Parnell’s bail has been set at $25,000 while Tyree, who got an additional assault charge, had his bail set at $450,000. Meanwhile, Moody’s family are pursuing a wrongful death suit against Hearn, Duncan, Davison, the Alabama Marine Police, and the owner of the camp near where the shooting took place.

Stankoski said the lawsuit names the Alabama Marine Police as defendants because officers could not reach the island to answer burglary calls in a timely manner and told residents they should take matters into their own hands. The owner of the property where the shooting took place is named because an agreement had supposedly been made between the four men to confront anyone in the area who were suspected of burglary or looked suspicious.

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Comments


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  • http://www.facebook.com/denise.madej Denise Madej

    Understand that law.. and in certain circumstances I agree… not his one… reason being.. they had no intent either.

  • plainbelliedsneetch

    Is the lawyer just hoping to turn public opinion with a bunch of staged hand-wringing, or does he really not understand the law?

  • http://www.dreamindemon.com Morbid

    Intent is not the only way to get a murder charge.

  • http://www.facebook.com/profile.php?id=100001101578317 Jess Rodgers

    It does not matter if they did not have intent. Someone was killed in the process of a crime. Under the law that passes to all involved in the crime. The thing that does not add up is the parents doing a wrongful death suit on the people who stopped the crime. Their child was there to commit a crime. She died during the crime. Should sue them for being crap parents and not raising their child right.

  • http://twitter.com/LaylaLolly LaylaLolly

    Yep! I love this law! It’s also the type of law that can get someone multiple murder charges with just one death…..if a person dies in the commission of a felony, that’s felony murder. Example: Jessica Ridgeway case and the little creep getting 4 murder charges.

  • http://www.facebook.com/BiancaNeffDiesel Bianca Neff Diesel

    So HER family is SUING the people whose house she burglarized?

  • Wolf_of_Mars

    They were in the process of felony burglary, and were armed during the burglarizing. WTF do you mean they “…had no intent either?” I’d LOVE to hear your explanation.

  • unholyheck

    Why are the suing the police? How the hell are they supposed to be responsible for wrongful death?

  • http://www.dreamindemon.com Morbid

    My guess? I bet they will try and say they did not do enough to prevent people from breaking into the summer homes.

  • http://www.facebook.com/gen.emolias Gen Emolias

    With the right attorney, you can spin anything, into anything.

  • http://www.dreamindemon.com Morbid

    Curiosity got the best of me, and it turns out I wasn’t far off. Stankoski said the lawsuit names the Alabama Marine Police as defendants because officers could not reach the island to answer burglary calls in a timely manner and told residents they should take matters into their own hands. I have added that info into the article.

  • http://www.dreamindemon.com Morbid

    Yup

  • unholyheck

    So just because people build houses in a stupid area then its the cops fault. It’s sad she died, but she shouldn’t have been there. If she would have thougt it through then she would still be alive.

  • http://www.facebook.com/profile.php?id=1106642961 Alice Hennen

    No sympathy from me. Once you choose to commit a crime, you deserve any punishment you get. One of the boys probably tricked her into the crime by pulling the old ‘if you really loved me” line. But once you choose to commit crimes, there is a more than likely chance you will be killed (especially in the US where every man and his dog has a gun). Her parents are probably secretly blaming themselves for crappy parenting and trying to cover up their own shortcomings by suing the police (yeah like that’ll work)

  • newstarshipsmell

    Well, that apple certainly fell far from the tree.

  • newstarshipsmell

    It would be hilarious if they countersued solely for the cost of the ammunition they unloaded into her.

  • newstarshipsmell

    Love? Come on, Wolf, I’m guessing that explanation would compel you to spend a few hours at the range visualizing certain posters.

  • http://www.facebook.com/dumps.klown Dumps Klown

    all of them deserve what they got for stupidity in general.

  • Wolf_of_Mars

    Already do. LOL! I just wanted that one to explain her rationale in making that statement.

  • Wolf_of_Mars

    Agreed. People with dollar signs in their eyes have poor introspective vision.

  • http://www.facebook.com/jackson.murphy.7923 Jackson Murphy

    Wanna feel sorry for the girl but when you break the law shit happens. Teen or not if you come into my residence theres no guarantee you are leaving here with here with your life.

  • http://www.facebook.com/denise.madej Denise Madej

    My statement is suggesting that neither the owners or burglars had an intent to kill.. Yes, I know regardless they will still be charged with murder bc it happened during a felony, but I was just making a point.

  • Abroad

    They won’t though. It sounds to me like they are decent people and they are probably desperately unhappy that they killed someone. Never mind the fact that they didn’t realise she was even there until after she had been hit.

  • JohnQknowitall

    I think the DA is a an asshole for pursuing the murder charge. These kids (I mean children because 18 is as stupid as 17 and almost as stupid as 14, 15 and 16) will already be thrown away for God only knows how many years in one of our prisons to rot and come out reborn men of high caliber bitter felons who will find it difficult to find employment and so… we as a society will pay through our asses for the next 50-70 years rehabilitating housing these kids until they are bitter and actually dangerous as they grow old and commit worse crimes when and where vacationing from prison. What happened was awful, but they did not carry a weapon. I suppose the message is: if you commit a robbery then carry a gun because if someone needs to die, then get the owner of the house to die first (better them (the victims) than me and my colleagues (the criminals) – the consequences are similar).

    The girl’s parents have a right to sue. Should they? I don’t know, but my gut reaction is no. When the police tell you to take matters into you own hands I think that tells you about the overall ability and caliber of the policing group. What a stupid thing for law enforcement to tell anybody. Just dumb. Get the guns out that police force and get some new actually competent men and women.

  • http://www.dreamindemon.com Morbid

    Only an idiot fires a warning shot in the air.

  • alphatroll

    I partly agree… it seems to me that “murder” isn’t the right charge for cases like this. I would compare it more to something like drunk driving, where you chose to do something stupid and somebody got killed because of it. Some degree of manslaughter is more appropriate.

  • alphatroll

    I can’t help wondering why, if doing something stupid and illegal that leads to someone getting killed is “murder”, killing someone while drunk driving is “manslaughter”. So while I agree with the spirit of the law, the way it’s applied is rather fucked-up.

    The law says this is murder, but the law is wrong; if anything, it’s manslaughter. People who do this should pay the penalty, but “murder” is the wrong charge. Not to mention almost completely pointless.

  • JohnQknowitall

    Why?

  • http://www.dreamindemon.com Morbid

    Because that creates a stray bullet. If you are going to fire a warning shot, then you should do so in the ground and away from the target you are warning.

  • JohnQknowitall

    So if he were actually firing a warning shot and knew what he was doing, he should have shot at the ground?

  • LeaveMeBe

    I also think families in this situation can be preyed upon by others, like lawyers, in their moments of vulnerability and grieving. I always hope that they can snap out of it and withdraw their suit. It’s ridiculous and embarassing, and although I feel for them and their loss, it makes me less empathetic towards them.

  • LeaveMeBe

    Because the bullet has to come down somewhere.

  • LeaveMeBe

    He did shoot at the ground, just not the ground right in front of him. That’s stupid, too. It can richochet. He did the right thing, firing off into the woods at a low angle.

  • techsupp0rt

    Like Rumpelstiltskin, but their names are in the yellow pages.

  • JohnQknowitall

    Thanks. :-) That is what I assumed from Morbid’s response.

  • nowitzki41

    when people file this kind of lawsuit it needs to be dismissed immediately and the family should be fined for wasting everyone’s time. it’s insulting they think they have the right to sue

  • Patrick Richardson

    As tragic an accident as this is, the parents lawsuit is groundless. She could be considered an armed burglar in the act of repeated felonies who took a bullet trying to escape during the commission of these felonies. It’s hard to muster any sympathy for burglars who are killed in the commission of their crime.
    People have the right to protect their property. Deadly force is harsh to be sure but if you’ve ever had your home burglarized,which I have, where your wife loses all here jewelry from child hood to now,well like I said it’s hard to muster sympathy.

  • EveryVillainIsLemons

    I hope you’re not visualizing me, unless you’re thinking of a different kind of shooting.

  • http://www.dreamindemon.com Morbid

    He shot a bush, away from the two burglars he was warning. He had no idea two more burglars where hiding in it.

  • http://www.facebook.com/people/Cindy-Crawford/13964421 Cindy Crawford

    Don’t burglarize people’s homes and you wouldn’t have this problem. I was watching an episode of Forensic Files last night where an innocent man sleeping in his apartment was awakened and strangled to death by a burglar who had gotten in via the attic space from his girlfriend’s apartment (where he was hiding from arrest warrents!) to the next apartment over! So when somebody breaks into your home and you see them, they are going to panic and even kill you so there are no witnesses!

  • Athena

    I agree with you. We’ve seen an expansion over recent decades of what crimes the charge of murder can apply to.

    I see no logical reason to twist a centuries-old concept like murder, with which intent has always been a requirement. Supporters argue that the felony murder rule is a practical way to deter dangerous felonies. Only… it doesn’t.

    As usual, European nations are beginning to abolish such statutes. America will catch up eventually.

  • Athena

    It’s a pretty straight-forward concept, actually. Did her cohorts intend for Moody to die? No. Thus, they had no intent as it applies to the murder charge. ;)

    It’s okay if you visualize me at the range. I’m sure it won’t have been the first time.

  • Athena

    Eh… I’m perfectly alright with them being held responsible for only their crimes. To charge them with anything for her death flies in the face of personal responsibility. She’s already paid the ultimate price for her stupidity. Unless they coerced her into participating, why should they also pay the price for anything more than what they did?

    As I mentioned above, the felony murder rule was created to deter dangerous felonies. Fine job it’s done, huh?

  • FrikkenFrak

    I have a really, really hard time feeling any sympathy for someone who gets their ass killed while they are committing a crime and this case is no exception. You role the dice, you play the game.

    That said, where did these little prick juvies get a gun?

    Jeez, messed up story on so many levels.

  • http://www.facebook.com/kati.durden Kati Durden

    As I understand it, “Intent” in the legal sense does not “malice.” It means, “the act was done intentionally”– here, the burglary– as opposed to, say, as a result of a epileptic seizure or similar uncontrollable activity.

  • FrikkenFrak

    Fucked up, ain’t it?

  • LeaveMeBe

    Didn’t see that before I posted. Sorry for being redundant. :)

  • Athena

    Intent, in the traditional sense, relates specifically to the crime for which the individual is charged. In this case, they had intent in regard to the burglary. They did not intend the death. But, you’re right, intent and malice are two separate concepts, as malice generally relates to “malice aforethought,” or premeditation, a specific brand of intent.

  • Wolf_of_Mars

    Actually, the concept is simpler still. When committing a crime of intent(burglary in this case), and you’re carrying a weapon; the law follows that you have the intent to use it upon another individual. That’s why it’s a legal enhancement to a relatively minor crime & a violation in it’s own right.

  • Wolf_of_Mars

    Intent doesn’t apply to the gentlemen that shot the female. The other three had intent & “malice aforethought” when they carried weapons during their criminal activity. You don’t carry it if you don’t intend to use it, is the reasoning behind that extra set of charges.

  • Wolf_of_Mars

    Never said what “weapon” I’d use… LOL!

  • Wolf_of_Mars

    A projectile falling from high above will gain enough momentum along it’s new trajectory path to injure, or kill, a living creature unfortunate enough to be in it’s way.

  • shanshanity

    Geez…someone likes herself an ellipses.

  • alphatroll

    I agree it’s not necessary for them to be charged with anything extra beyond burglary, just saying there’s a range of appropriate responses and charging them with contributing to a death through their actions fits within that range.
    The main purpose of criminal law, however, it to discourage vigilanteism by making it seem unnecessary. I don’t see how that really applies in this case. And the side-effect of discouraging anti-social behavior (such as burglary) in the first case is already covered.

  • Athena

    That’s true. But it doesn’t address felony murder charges, which is what I thought we were talking about.

  • Athena

    I understand thoroughly how they came to the felony murder charge. I’m simply explaining why the concept of felony murder is inconsistent with the traditional definition of murder.

  • nomorepolitix

    Sounds like the men went out of their way to hunt down the burglars, and killed one of them. Probably not out of the realm of reason that even if police had been the ones to shoot a teenager hiding in the bushes that there would be a lawsuit from her family. Interesting information would be: how drunk were the men who shot ‘a warning’ shot into ‘the ground.’ Maybe next time try aiming closer to your feet and we won’t be motivated to feel bad for this girl who doesn’t appear from this write-up to be an actual burglar. The murder charge on the actual burglars would never fly if I were on a jury–I’d convict them for what they actually did–and not for the over-reaction of some shit-kickin hick with a gun. Good luck, prosecutor. You’re reaching here.

  • http://pulse.yahoo.com/_XA4RDSRSUX3XRSCPRR7XNGSPUQ Joshua

    hope it hurt like hell before she died

  • Mistress OfSubs

    Interesting that the DA isn’t charging the men who fired their guns with reckless homicide. Based on the scenario described here, it would most certainly fall within the guidelines.

  • Mistress OfSubs

    Felony burglary? How so?

  • Wolf_of_Mars

    Once, yet again… They carried firearms while breaking into & burglarizing structures not their own.

  • http://www.dreamindemon.com Morbid

    They weren’t using their firearms recklessly (as would be proven by their consciously firing their weapons in a controlled fashion away from the armed burglars they were warning), and it is perfectly legal to fire a warning shot if you feel threatened.

  • Mistress OfSubs

    Actually, there are many jurisdictions that have laws against discharging weapons in populated areas. It’s not a good practice in theory to fire a warning shot (anyone responsibly trained in gun use should have learned this), and it’s not legally advisable either (I’m trained in both).

    Bottom line is: if you have a gun, you need to be responsible in its use. These kids were retreating; there was no apparent threat to the armed men. I’m the first to say that if someone is threatening me or my family in my home, I would not hesitate to use lethal force if necessary.

    That said, with proper training, I also know how irresponsible (and harmful) warning shots can be. If the appearance of the gun isn’t enough to deter a criminal from advancing, you assess your force risk and take proper aim. These kids weren’t advancing, though. No justification in discharging a weapon.

    Given the facts of the case, most jurisdictions I’ve had the pleasure if working with would have filed charges against the shooter.

  • Mistress OfSubs

    I agree with you completely. It’s amazing that so many people here voted your comment down. It illustrates to me that there is an apparent disconnect somewhere in some people’s understanding of rights vs. responsibility when it comes to gun ownership and use.

    I own several guns myself, and am period to report I’ve never had to discharge my weapon, either professionally or personally. I have a healthy concern, myself, about infringement on law abiding citizen’s right to carry, but it’s cases like these that serve to undermine that right. The right to bear arms comes with inherent responsibilities, and I think that’s bring overlooked here. Taking a negative position on what you’re saying illustrates to me that either people aren’t bring properly trained in those responsibilities, have no real concept of the moral and legal ramifications of gun use, or both.

    Thanks for voicing the unpopular opinion. Maybe it’s given some one something to consider.

  • Mistress OfSubs

    My android’s autofill is making me sound illiterate, but I hope I’ve made my point.

  • Mistress OfSubs

    Warning shots are irresponsible in populated areas, in any manner–the most dangerous of which would be in the air. Shots fired into the air have to fall somewhere, and often cause unintended harm or damage; shots fired toward the ground can skip and do the same.

    If you have any reason to discharge your weapon, it should be reserved for actual self defense. Anything less is irresponsible, and anyone out there discharging weapons in populated areas for any other reason than to neutralize a threat shouldn’t be carrying.

    I know this opinion is going to be voted down en masse, but frankly I’m more concerned with the lack of training carriers appear to have.

  • Mistress OfSubs

    You have no real concept of the law, do you? Firstly, we don’t know the details of the crime as it truly occurred. The fact that the police state that there was an “unrecovered .32″ these kids were armed with makes me very suspicious. It sounds like they are trying to build a case to justify the shooting. From what I’ve read on this case, there is ZERO evidence the men who went after these kids had any idea they were in possession of a weapon (which was likely taken in an earlier burglary to sell).

    Having training and experience working with many localized law enforcement AND judicial agencies, I can tell you that many if them are outstanding, but not all. These parents probably feel (and IMO, rightfully so) that the only justice they can hope for would have to happen through civil action. But our judicial system is based on the ideology that everyone deserves fair and equal legal representation, and these parents have the right to have their case heard.

    You never know…this could be a Good Ol Boy case where the defendents are getting railroaded. (It happens; I’ve had to recuse myself from cases because of it). To make blanket assumptions based on information the government releases is dangerous. Let’s remember those agencies have their own agendas, too (Duke La Crosse, anyone???).

  • Mistress OfSubs

    There is no evidence they brandished any weapon or that the shooters were at all aware they had any in their possession. From whet I’ve been able to garner, the weapons they were carrying were not loaded. This isn’t relevant in the matter out threat assessment, had the men who discharged their weapons known the kids were in possession of a firearm, but it IS important in establishing any sort of defense against felony burglary. I suspect it will come out in trial that the weapons were procurred during this or an earlier burglary that evening, and were merely carried at the scene for reason.

    Either way, there appears to be some legal bungling going on here. I’m not saying the little punks don’t deserve to be punished. It’s a sad case for everyone involved. I’m sure the guy who fired the shots feels terrible. But trumping up charges on the kids isn’t going to help the car at all.

    (The fact LE released information about an “uncovered .32″ leads me to believe something is afoul here. I’ve worked cases before with that same kind of damage control. It’s bullshit, straight away.)

  • JohnQknowitall

    Thanks for your response. I am very concerned about private citizens having guns mainly because I see how irresponsibly they drive, how they sometimes treat each other and their many not so well thought out “shortcuts for shortcuts.”

    When you say populated areas, do you mean in urban, suburban or any general area where other people are thought to be at the moment such as in this article?

  • http://www.dreamindemon.com Morbid

    I should have stated, “it was perfectly legal for the men to fire a warning shot if they felt threatened.”

  • Wolf_of_Mars

    The ‘lil pissants didn’t need to brandish the weapon(s). The shooters didn’t need to be aware of any weapons in the possession of the burglars. And yet again, the carrying of a weapon during the commission of a crime in which someone is killed brings about the criminal enhancement of felony burglary and the extra charge(s) of murder.

  • http://www.dreamindemon.com Morbid

    You don’t need a weapon to get a felony burglary charge. In fact, having a weapon doesn’t factor into it. Felony burglary means you were breaking into something to commit a crime instead of doing something like finding shelter. The fact that they were breaking into homes to steal items is why they got a felony burglary charge.

  • Mistress OfSubs

    Populated areas being areas.inhabited by others in close proximity (as in areas having neighbors next door etc.)..In rural areas, where people often own many acres of private property, there is a far less chance of injuring someone unintentionally with a warning shot, but it’s still bad business, unless you.are trying to scare if coyotes or such.

    There’s been a move in many states in the last decade our doo

  • Mistress OfSubs

    Some people seen to think so, but anyone with urban weapons training, tactical training, etc. will tell you: unless you are a farmer with hundreds of acts of land and trying to scare off an approaching threat to your livestock, you never, ever fire warning shots.