BAY MINETTE, Al.
Three 17-year-olds involved in the Gravine Island shooting have been charged as adults with first-degree burglary, according to a news release from Baldwin County Sheriff Huey "Hoss" Mack.
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Summer Moody |
Scott Tipton Byrd and Dillon Wade Tyree, both of Stapleton, and Daniel Parnell of Bay Minette were booked into the Baldwin County Corrections Center late Tuesday afternoon, according to authorities, after the investigation indicated they had a weapon when the alleged burglaries on Gravine occurred. The three had initially been charged as juveniles with a lesser offense. A person accused of carrying a weapon during a burglary can be charged with first-degree burglary, a crime with a maximum penalty of life in prison
Another 17-year-old, Summer Moody, was shot in the head during the incident that occurred about 4 a.m. Sunday in the Tensaw River Delta in north Baldwin. Mack described the incident as a case in which "all the circumstances that could go bad, went bad."
Baldwin County District Attorney Hallie Dixon said information gathered so far in the investigation led to the upgraded charges.
"The charge of first-degree burglary includes the additional element of entering a dwelling with a weapon or dangerous instrument," Dixon said in an email statement. "Alabama law provides that young people older than age 16 who are charged with a Class A felony involving a deadly weapon must be charged as adults and tried in adult court.
"With regard to the fishermen who were alleged to have fired the shot that critically injured the high school girl," Dixon said, "no charges are forthcoming at this point."
In answer to questions regarding whether charges might eventually be filed against Moody upon her recovery, Dixon said, "I do not want to speculate on such things at this time. This is an incredibly tragic event for all concerned, for the young woman fighting for her life in the hospital, her parents, and the men who fired the shot that injured her."
Summer Moody remains in critical condition
Moody was in critical condition Tuesday in the University of South Alabama Medical Center, Robert Stankoski, a lawyer for her family, said.
"Summer’s medical condition is they will know a little bit more in the next 24 hours. It’s my understanding that the first 72 hours in any shooting victim is the most important and crucial medical timetable, so the doctors will continue to monitor her condition. They don’t really know if she’s getting any better or any worse right now," Stankoski said. "She’s not responsive right now. She’s on a ventilator, but they don’t really know if that’s required or not. They’re still continuing to monitor her condition and hope she does get better."
Moody was shot after two men at the scene each fired a shot from small-caliber rifles after they heard the group. The girl was the only person hit by a bullet, according to Mack.
Vandalism an ongoing problem on Gravine Island
Baldwin County property records show three people owning parcels on Gravine Island.
The Press-Register contacted one current and one previous landowner, who for more than 20 years had a camp on the three interior parcels along Gravine Basin where Moody was shot. That landowner sold the last parcel three years ago. While both said they spent many happy hours on the river while raising their families, they also lamented that vandalism was an ongoing problem. They both said the incidents they remembered occurred when their camps were unoccupied.
Baldwin County Chief Deputy Charlie Jones said that after consulting with the District Attorney’s Office, the decision was made to continue withholding the identities of the men who encountered the four teens at the camp because the investigation was ongoing.
Was deadly force necessary?
Stankoski said he has not heard any evidence that indicated any shots should have been fired.
"We have serious and substantial questions as to whether or not the use of deadly force was justified or was appropriate under the circumstances," the lawyer said.
He said information he received was that the men were not staying in the camp where Moody was shot.
"We have questions as to whether or not the shooter or shooters involved in this put himself in that zone of danger, came down to this place where these kids were located and had been that particular evening and thereby created a dangerous situation," he said.
He also questioned why Moody was identified early on, but the other teens’ names were not revealed.
Stankoski said Tuesday that Moody’s family has asked that well-wishers and others not contact them while they are waiting to see if the teen recovers.
"Their No. 1 concern is for their daughter’s health and welfare," he said.
He said the teen has not regained consciousness since the shooting, and family members are trying to determine what happened that night.
"We don’t know all the facts," he said. "We’re going to learn as the case goes forward and we hope that we continue to develop a voice and get what Summer Moody deserves out of this, the justice that she deserves and have a voice that speaks for her."
Byrd, Parnell and Tyree will be held in jail until their appearance before a judge who will set a bail at a yet to be determined time, according to the release.
A check of online court records does not show any previous adult charges against Tyree. Byrd and Parnell, however, have previous traffic violations on their records. Parnell entered guilty pleas in five previous traffic violations, the records show.