Texas boy, 10, admits to killing stranger when he was 7 — but he is immune to charges under state law

The boy allegedly admitted to killing 32-year-old Brandon O’Quinn Rasberry in 2022, when he was just seven years old

Martha McHardy
Monday 22 April 2024 18:25 BST
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A 10-year-old boy from Texas has confessed to killing a stranger when he was just seven years old — but, due to state law, he is immune from prosecution.

Brandon O’Quinn Rasberry was found dead inside his RV in back on 18 January 2022 after his employer reported him missing two days earlier, according to the Gonzales County Sheriff’s Office.

The 32-year-old had suffered a single gunshot wound to the head and two minor graze wounds on each of his hands

At the time of his murder, O’Quinn Rasberry had been living in an RV park for four days, police said.

Investigators combed through the victim’s cell phone data and interviewed multiple neighbours at the time, but all leads fell flat in the case.

Then, last week – more than two years on from the murder – a major break came in the case.

The Gonzales County Sheriff’s Office said that it was contacted by a local principal who reported that a 10-year-old student, who has not been identified, had confessed to fatally shooting O’Quinn Rasberry.

The principal also claimed that the student had made threats to kill another student.

“Based on this information the deputy contacted the Gonzales County Sheriff’s Office Criminal Investigation Division. Investigators determined based on the information the child told the school, the child may have knowledge about the murder of Brandon,” the department said.

Police revealed that investigators then interviewed the boy who “described in detail” the murder he allegedly carried out when he was just seven years old.

Police said the boy told investigators that he had been visiting his grandfather, who lived at the same RV park, at the time and noticed O’Quinn Rasberry walking around the lot.

He went on to reveal that, on the night of the murder, he took a 9-millimeter pistol — which he described as “dirt and army green” in colour — from the glovebox of his grandfather’s truck and crept into O’Quinn Rasberry’s RV before shooting him in the head.

“The child stated he observed Brandon sleeping in his bed and approached Brandon and discharged the firearm into Brandon striking him one time in the head,” police stated.

“The child stated as he was leaving the RV he discharged the firearm another time into the couch inside the RV. The child then exited the RV and returned the firearm to the glovebox of the truck.”

According to investigators, the boy had no clear motive for the crime and admitted he did not know O’Quinn Rasberry.

“The child was also asked if he was mad at Brandon for some reason or if Brandon had ever done anything to him to make him mad, the child stated no,” police said.

Police have since tracked down the firearm believed to have been used in the shooting to a pawn shop where the child’s grandfather is believed to have sold it. The gun was later matched to spent shell casings found on the scene of the murder.

Despite allegedly admitting to the murder, the child will not be charged under Texas state law, which says that a child cannot be responsible for a crime until they are 10 years old.

O’Quinn Rasberry’s family said they were shocked when they found out the murder had been carried out by a seven-year-old.

“Finding out it was a seven-year-old that committed the murder, a senseless murder at that, it’s just tragic. It’s kind of hard to wrap your head around,” his brother Jonathan Fojtik told KENS5.

He also suggested that he was outraged that the boy would not face punishment for murdering his sibling.

“I feel like the boy knew exactly what he was doing,” Mr Fojtik said.

The boy was placed in a 72-hour emergency detention following his confession before being taken to a psychiatric hospital in San Antonio, Texas, for evaluation and treatment.

He has since been booked on making terroristic threats charges for the incident involving his classmate and is being held in county jail.

The Independent has contacted Gonzales County Sheriff’s Office for comment.

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