Testimony: Gun safety taught prior to slaying
Published July 31, 2007
[ From Lansing State Journal ]
16-year-old accused of killing foster brother to be tried as adult
Hugh Leach
Lansing State Journal
The day before 18-year-old Chris Stragier left his foster brothers alone on April 3, he said he had taught them about guns and gun safety. Stragier went to work at 5:30 a.m., leaving Thomas Mack, then 15, and Daniel Austin, 14, in his apartment with an assault rifle and a 12-gauge shotgun.
"I told (Mack) not to point a gun at anyone unless his life was in jeopardy," Stragier testified Monday in Ingham County District Court. "I told him a gun is not a toy. Guns are made to kill."
Police say Austin was shot and killed April 3 by Mack. Mack, now 16, will face trial as an adult on charges of first degree murder in his death. Lansing District Judge Charles Filice on Monday sent the case against Mack to Ingham County Circuit Court.
Police say Austin was shot as he sat on a couch in the East Hillsdale Street apartment of Stragier, the son of the boys' foster parents.
Stragier said he had taken in Mack, Austin and another foster child, Brian McCann, overnight to give his parents a respite.
"My dad said it was OK, but my mother didn't approve," Stragier said.
The shotgun was loaded, he testified, with seven shells in the breech, but none in the chamber where it would be ready to fire.
The boys' foster parents, Steve and Judy Stragier of Lansing, have had all children under their care removed from the home. According to the Michigan Department of Human Services, the Stragiers' foster home license is in jeopardy.
Austin, described as a "special needs" child, could be whiny and annoying, Stragier testified. That, at times, led to disagreements between Mack and Austin, but they had never before escalated to anything more than pushing or poking.
Lansing Police Department Detective James Gill said Mack told him Austin was being whiny and annoying on April 3. Gill said Mack told him he took the shotgun from Stragier's bedroom and brought it to the living room where Austin was sitting on the couch.
Statements an issue. Defense attorney Keith Watson argued statements made by Mack in the police interviews should not be allowed into evidence because he did not have proper legal representation at the time. While police had permission from the foster parents to interview Mack, no attorney was present nor was one offered to him, Watson said.
Although Filice allowed the statements to be used in Monday's hearing, Watson said he plans to challenge their use in circuit court.
Scene described. Assistant prosecuting attorney James Pettibone said Mack told Austin about 20 times over a half hour preceding the shooting that "I'm going to hurt you." Pettibone argued it was Mack's intent to kill Austin. "He got the gun and racked a shell into the chamber," Pettibone said. "If the shooting was an accident, he couldn't have shot Austin better in the face than if it was intentional."
Mack told police several stories about how the shooting occurred, including that Austin had tried to take the gun from him, Pettibone said. Lansing police Officer Kim Kranich said he found Austin sitting on a couch with his head slumped on his chest and a shotgun wound in his left cheek that exited the back right of his head. Kranich said the shotgun, an assault rifle and several knives were lying on a futon across the room.
WHAT'S NEXT Thomas Mack, 16, is scheduled to be arraigned Aug. 8 in Ingham County Circuit Court on a charge of first-degree murder in the shotgun death of his foster brother.
Published July 31, 2007
[ From Lansing State Journal ]
16-year-old accused of killing foster brother to be tried as adult
Hugh Leach
Lansing State Journal
The day before 18-year-old Chris Stragier left his foster brothers alone on April 3, he said he had taught them about guns and gun safety. Stragier went to work at 5:30 a.m., leaving Thomas Mack, then 15, and Daniel Austin, 14, in his apartment with an assault rifle and a 12-gauge shotgun.
"I told (Mack) not to point a gun at anyone unless his life was in jeopardy," Stragier testified Monday in Ingham County District Court. "I told him a gun is not a toy. Guns are made to kill."
Police say Austin was shot and killed April 3 by Mack. Mack, now 16, will face trial as an adult on charges of first degree murder in his death. Lansing District Judge Charles Filice on Monday sent the case against Mack to Ingham County Circuit Court.
Police say Austin was shot as he sat on a couch in the East Hillsdale Street apartment of Stragier, the son of the boys' foster parents.
Stragier said he had taken in Mack, Austin and another foster child, Brian McCann, overnight to give his parents a respite.
"My dad said it was OK, but my mother didn't approve," Stragier said.
The shotgun was loaded, he testified, with seven shells in the breech, but none in the chamber where it would be ready to fire.
The boys' foster parents, Steve and Judy Stragier of Lansing, have had all children under their care removed from the home. According to the Michigan Department of Human Services, the Stragiers' foster home license is in jeopardy.
Austin, described as a "special needs" child, could be whiny and annoying, Stragier testified. That, at times, led to disagreements between Mack and Austin, but they had never before escalated to anything more than pushing or poking.
Lansing Police Department Detective James Gill said Mack told him Austin was being whiny and annoying on April 3. Gill said Mack told him he took the shotgun from Stragier's bedroom and brought it to the living room where Austin was sitting on the couch.
Statements an issue. Defense attorney Keith Watson argued statements made by Mack in the police interviews should not be allowed into evidence because he did not have proper legal representation at the time. While police had permission from the foster parents to interview Mack, no attorney was present nor was one offered to him, Watson said.
Although Filice allowed the statements to be used in Monday's hearing, Watson said he plans to challenge their use in circuit court.
Scene described. Assistant prosecuting attorney James Pettibone said Mack told Austin about 20 times over a half hour preceding the shooting that "I'm going to hurt you." Pettibone argued it was Mack's intent to kill Austin. "He got the gun and racked a shell into the chamber," Pettibone said. "If the shooting was an accident, he couldn't have shot Austin better in the face than if it was intentional."
Mack told police several stories about how the shooting occurred, including that Austin had tried to take the gun from him, Pettibone said. Lansing police Officer Kim Kranich said he found Austin sitting on a couch with his head slumped on his chest and a shotgun wound in his left cheek that exited the back right of his head. Kranich said the shotgun, an assault rifle and several knives were lying on a futon across the room.
WHAT'S NEXT Thomas Mack, 16, is scheduled to be arraigned Aug. 8 in Ingham County Circuit Court on a charge of first-degree murder in the shotgun death of his foster brother.
