A 12-year-old Texas boy has been convicted of the May 13 killing of a Sonic restaurant worker with an AR-15-style rifle.
The child was found ‘equivalent to guilty’ of shooting and killing Matthew Davis (32) after the child’s uncle Angel Gomez (20) argued with Davis in the parking lot.
The boy was found ‘criminal’, which is the equivalent of guilty in juvenile court, to a charge of murder after almost seven hours of deliberation on Sunday, the sheriff’s office announced.
He is expected to be sentenced Thursday and could face up to 40 years in prison, according to state attorneys.
Judge John Neill of the County Court at Law No. 1 will hear from witnesses and lawyers that day before the boy’s sentence is determined.
Because of his age, the 12-year-old from Fort Worth, Texas, was not identified, nor was his trial open to the public.
Matthew Davis (pictured), who leaves behind a 10-year-old son, recently moved to Keene and started working at the Sonic just two weeks ago
Detectives believe Angel Gomez (20) was the driver of the 12-year-old boy and other passengers. He was loud and disorderly and was confronted by Davis after urinating in the parking lot, cops said
“A confrontation between two adults turned physical, after which the 12-year-old boy got out of the vehicle and fired several shots, striking the victim,” the sheriff’s office said Sunday.
Gomez is also charged with murder, but the status of his case remains unclear as his court records are not available. If convicted, Gomez could be sentenced to between five and 99 years in prison.
Cops found Davis lying on the ground with multiple gunshot wounds when they arrived at the Sonic Drive-In in Keene, 50 miles southwest of Dallas, in May. He was rushed to the hospital where he was pronounced dead.
Detectives believe Gomez (20) was the driver and uncle of the 12-year-old boy and other passengers. Gomez was loud and disorderly and was confronted by Davis after urinating in the parking lot, police said.
During the heated exchange, the child grabbed the AR-15 rifle from the car and fired six shots at Davis, authorities said.
The boy and Gomez fled the scene. Gomez later returned to the Sonic and was arrested. The child was taken into custody at a home in Rio Vista, about 14 miles south of Keene, where several firearms were seized, police said.
The shooting happened Saturday night at the Sonic Drive-In in the 300 block of S. Old Betsy, Keene, Texas.
Gomez and the boy were charged with murder.
Davis, who leaves behind a 10-year-old son, recently moved to Keene and started working at the Sonic just two weeks ago.
His mother is working to bury him in Louisiana where he is from.
Lynne Barton, Davis’ aunt, posted on Facebook: ‘It is with deep sadness that I share that my family has suffered a great loss this Mother’s Day. My best friend and sister just lost her son to an unspeakable tragedy.
‘Her son was shot while he was at work, trying to earn a living. Please share this as we try to get enough money to lay our beloved son, brother, nephew and friend to rest. Thank you.’
Dylan Elliott, a nearby resident, said she heard gunfire and then an air ambulance.
‘I was outside. My fiancé ran into the house, and I heard a bunch of gunshots,’ Elliott said fox.
“You see (helicopters) once in a while, but you never see them flying so low and so close to home at least.”
She added: ‘A 12-year-old has access to a gun today and kills someone. Break my heart mainly.’
Davis posted a photo on a fundraising page set up to help his family
The restaurant remained closed for a day as residents came to lay flowers.
Jane Baggett tells NBC: ‘I wish there was more we could do, but right now if they could just see that support and love, and maybe even if we didn’t know him, his life mattered to a lot of us.’
A Sonic spokesperson said: ‘We are saddened to hear of the tragedy involving a franchise team member in Keene, TX. The franchisee is cooperating fully with local authorities as they conduct their investigation.’
Under Texas law, you must be 18 to purchase a handgun or long gun, but there is no minimum age for owning a firearm. Parents and legal guardians are allowed to give written permission for one to be sold or given as a gift to a minor.
People 21 and older do not need a license to carry a handgun in public. At least 20 other states also have some form of permit-free transportation.
Most weapons, including military-style weapons, can be owned in the Lone Star State.