Crime

Marksman Charged in Shooting Behind Texas School

EDINBURG, Texas (The Blaze/AP) — A competitive marksman was charged Friday in a shooting last month in which two teens were severely wounded during basketball tryouts behind their South Texas middle school – a shooting the local sheriff portrayed as unintentional but “very reckless.”

Dustin Wesley Cook, who was shooting targets with a friend on ranchland adjacent to Harwell Middle School on Dec. 12, was arraigned on a charge of second-degree felony aggravated assault. He was only charged in the shooting of 14-year-old Edson Amaro. Investigators haven’t been able to test the bullet that wounded 13-year-old Nicholas Tijerina because it’s lodged near his spine.

Cook’s attorney, Michael Guerra, said that when the details of what transpired are made public, they will show Cook “didn’t have any criminal responsibility, whatsoever.” He said Cook is a parent and has been praying for the boys and their families.

But at a news conference after the hearing, Hidalgo County Sheriff Lupe Trevino said Cook, an experienced marksman, should have known better.

“We do not believe that Mr. Cook went out there and intentionally and knowingly discharged this weapon intending to shoot or injure a child, but he did do it in a very reckless manner,” Trevino said. “By his own admission he knew that at the end of his targets, beyond his targets in a direct line was Harwell Middle School.”

The school only opened in the fall, but police investigated a report of gunshots near the school before the students were wounded and investigated another report Friday that led to the school being locked down again.

School district Superintendent Rene Gutierrez on Friday called on state lawmakers to ban hunting and the use of high-powered rifles and weapons within three miles of schools.

“Our students throughout the state are going to continue to be at risk if we don’t do something about it,” Gutierrez said.

Classes were finished on the day of the shootings, but there were about 50 students trying out for the basketball team behind the school, where two hoops were set up because the gym was being used. Nicholas, the younger boy, was going for layup when he was shot. Between 20 and 30 seconds later Edson, who had been sitting on a curb waiting his turn, was hit. They were about 15 feet apart, Trevino said.

Edson lost a kidney and shortly before Christmas, Nicholas’ doctor said the boy was unable to move his legs, at least for the time being. Trevino said there was talk of sending Tijerina to a hospital in Houston where the bullet could be removed. If that happened, investigators would try to make a second ballistics match, he said.

Authorities questioned three men they found on the adjacent ranchland after the shooting, including Cook and his friend, who were shooting targets about a mile from the school.

Cook had shot there before and had targets set at 100 and 300 yards in a line. It was not a certified firing range and did not include any protective berms that would keep stray bullets capable of traveling up to three miles from escaping. Cook was using a tactical rifle that fires a .308-caliber Winchester round – the preferred type of sniper rifle used in the U.S. military and police agencies, including the sheriff’s office, Trevino said.

“The damning indictment here is that we have two targets that … align the shooter with the children, the ultimate targets,” Trevino said. “This is very damning and very telling.”

Investigators also have a log that Cook kept of his shots. It shows he took five shots at 4:38 p.m. Trevino said authorities received the first emergency calls around 4:45 p.m.

The third piece of evidence is a ballistics report matching the bullet pulled from Amaro to Cook’s rifle. Cook and the other man, who authorities have not publicly identified, told investigators they did not shoot each other’s weapons, Trevino said.

“I need the public to know that this was not a deranged shooter out there shooting children or … some careless hunter shooting in the direction of a school, but it was a target shooter,” he said.

Authorities said after the shooting that they had detained three armed men from adjacent ranchland. Cook and the man he was with were released. The third man, an illegal immigrant with an assault rifle, according to authorities, was eventually charged with misdemeanor trespass and poaching, though those charges were dropped this week.

Trevino said he asked prosecutors to drop the charges against that man because he would likely be facing federal weapons charges and could be needed as a witness in a related drug case. He also said subsequent evidence appeared to indicate that the landowner had given him permission to be on the property.

Comments (46)

  • gmoneytx
    Posted on January 9, 2012 at 11:11am

    Are they sure it didn’t come from across the border, from a fast and furious gun!

    Report Post » gmoneytx  
  • confederacyofdunces
    Posted on January 8, 2012 at 10:06pm

    This is reckless endangerment. There was no intent. He was charged as if he set up a bi pod, said lets maim some kids and shot them. That was not what happened. The DA is stretching things. Its good for the families of the wounded but sets a bad precedent. The families will sue and win.

    Report Post »  
  • Maji
    Posted on January 8, 2012 at 12:56pm

    I kinda have to agree with you.While I sympathize with the boys…they don’t deserve that!
    Our 2nd amendment is in too fragile of a position for no reason and it’s wong!!
    How many kids kill each other(adults too for that matter) in cars,they aren’t outlawed.

    Bad things happen. Most are preventable!
    This was a stupid act..it should be corrected,definitly!!
    But we shouldn’t be in fear of loosing our “Right” to bear arms

    Report Post »  
  • payday0801
    Posted on January 8, 2012 at 11:25am

    There were two kids….this isn’t a fluke…Dude was irrseponsible and will screw things up for everyone…He should be a damned shamed! I have little empathy for this guy. If that was my child, he would have more to worry about then whether charges would be filed or not…Thank God they were not killed.

    Report Post »  
  • payday0801
    Posted on January 8, 2012 at 11:16am

    IDIOT, LAZY JERK! He of all people should know how precious our right to bear arms is and how much it is under scrutiny. A SCHOOL WAS BUILT NEAR YOUR PROPERTY…ADJUST!!!! This guy is praying and a family man, I get it…but that does not change the fact that his idiocy could be one of the nails in the coffin of gun owners. NO EXCUSE! Thank God they’re not dead.

    Report Post »  
  • wildturkeywatcher
    Posted on January 8, 2012 at 7:11am

    This is depraved indifference that is beyond startling. This man does not have an IQ high enough to drive a car much less own a gun. He needs a guardian.

    Report Post »  
  • billrow
    Posted on January 7, 2012 at 9:53pm

    Effing morons will ruin it for the rest of us.

    I hope the boys recover fully.

    Report Post »  
  • confederacyofdunces
    Posted on January 7, 2012 at 8:27pm

    Yep, he sets a bad example for any shooter and violated a number of shooting safety rules.I don’t think he is guilty of all the charges they are dredging up for him.
    You mya think this has nothing to do with that but…
    When a car driver makes a left hand turn and hits or causes a motorcyclist to Tbone their car it is called an accident. Is it neglegence, absolutely. I would say it is an assault with a deadly weapon but the majority of people are car drivers so they will never send a motorist to jail because they might be next. So, its official that negligence can have serious life threatening consequences or even death and not be a crime.
    What is different in this case? The shooter was clearly negligent and caused two serious injuries.This should be handled as a civil matter. It won’t though because someone wants to make an anti firearm political statement.
    60% of motorcycle accidents are due to cars failing to yield making left hand turns at intersections. Nobody is calling for new state laws, nobody cares. There is no political gains to be made.

    Report Post »  
    • MCDAVE
      Posted on January 7, 2012 at 11:27pm

      I agree ..as an experienced marksman ;this guy knows better;and he is guilty of careless and reckless handling of a firearm…

      Report Post »  
    • payday0801
      Posted on January 8, 2012 at 11:19am

      Agreed. It was a new school and he didn’t have enough sense to change things up from the norm in his shooting area…(possibly change directions ya think). He put us all at risk with this lazy, irresponsible action. We are hanging on to our rights to bear arms with bloody grips, and people like this give the attackers of that very right ammunition to use against us (no pun intended).

      Report Post »  
  • longranger
    Posted on January 7, 2012 at 7:40pm

    the most popular factory .308 win load is the 175 smk federal if sited to a 0 of 100 yrds at his altitude, if sited to 100 yrds, 300 yrds takes about 4.5 moa or 13.9″ or 1′1 3/4″, it takes around 34 moa to 1000 and 113.5 moa at 1760 or 2057.5″ which is 171.46 feet. the school was around 1 mile. the shot was either one heck of a ricochet or he was shooting well over his target of 300 yrds or shooting OVER a hill!!

    Report Post »  
    • Thewayiseeit
      Posted on January 8, 2012 at 10:18pm

      I agree LongRanger,
      Look how fast those liberals, like School district Superintendent Rene Gutierrez called on state lawmakers to ban hunting & the use of high-powered rifles & weapons within three miles of schools.” In most of urban America, that would mean no hunting, shooting ranges in over 70% of areas.
      Over 3.5 million children are injured each year in after school sports & activities,
      Exponentially more children were injured by after school sports last year than those injured by Firearms. I don’t see you creating a 3 mile school activity free zone around legal Firearm ranges.
      Automobiles injure far more still, yet you’re not making 3 mile car free zones around schools.
      The largest danger to children with firearms is focused mainly on Minorities aged 15-19, Can you say Gang related Mr. Gutierrez
      http://www.childrenshospital.org/az/Site1112/mainpageS1112P0.html
      & http://www.npr.org/templates/story/story.php?storyId=98055567
      as compared to firearms,
      http://www.cdc.gov/HealthyYouth/injury/facts.htm
      http://www.npr.org/templates/story/story.php?storyId=98055567
      Mr. Gutierrez, that makes those pushing Gun Control look like they are actually going after Constitutional rights!

      At 1200 yards (.68 mile) a 7.62X51 (308) loaded to match grade, drops 33′ 9″!
      Mr. Cook, I would seek NRA representation!

      Was that Illegal Immigrant with an supposed Assault Rifle, provided it by ATF / Fast & furious?
      Where was HE shooting from?

      Report Post » Thewayiseeit  
  • junior1971
    Posted on January 7, 2012 at 4:25pm

    This guy is a moron. Actually, both the marksman and the superintendent too. I live next to a school in the country. The sound of gunfire and the talk of deer jerky is music to me ears. Hunters won’t go anywhere near this school, or any other school either. Stupid people like this, give power to stupid people like that!

    Report Post » junior1971  
  • junior1971
    Posted on January 7, 2012 at 4:19pm

    Hello.

    Report Post » junior1971  
  • bjornskis
    Posted on January 7, 2012 at 3:04pm

    10 Commandments

    The Ten Commandments of Firearms Safety should be etched in your memory forever. Let them govern your actions wherever and whenever you’re involved with firearms. In the woods. On the range. Or in your home. Please take time to review and understand these rules.

    Always keep the muzzle pointed in a safe direction.
    Firearms should be unloaded when not actually in use.
    Don‘t rely on your gun’s safety.
    +Be sure of your target and what’s beyond it. + HELLO THERE
    Use proper ammunition.
    If your gun fails to fire when the trigger is pulled, handle with care.
    Always wear eye and ear protection when shooting.
    Be sure the barrel is clear of obstructions before shooting.
    Don’t alter or modify your gun and have it serviced regularly.
    Learn the mechanical and handling characteristics of the firearm you are using.

    Report Post »  
  • Ohello
    Posted on January 7, 2012 at 12:14pm

    Just another reason for the Centralized Authority to regulate guns out of existence except of course for the “Civilian Security Force that is just as powerful, and well funded as the Military” TSA

    Report Post »  
  • Rowgue
    Posted on January 7, 2012 at 11:25am

    Pretty obviously unintentional, but he’s still criminally negligent.

    Report Post »  
  • Msgt Ret
    Posted on January 7, 2012 at 8:32am

    What happened to the Illegal with the assault rifle? Funny how that fact was never mentioned again in the article!

    Report Post » Msgt Ret  
  • Nemo13
    Posted on January 7, 2012 at 7:52am

    Um, this is a simple one. When you make an area for your target range, make a huge mound of earth behind your target area. Done! Only a moron would shoot guns at targets in open areas without solid earth or similar behind it for safty.

    Report Post »  
  • djs45
    Posted on January 7, 2012 at 7:42am

    praying for the kids. too bad for Cook as this was probably unintentional, but liabilty follows the bullet from point of discharge until it stops moving. he should have been more careful and followed the cardinal rules of gun safety.

    Report Post » djs45  
  • Airb0rne4325
    Posted on January 7, 2012 at 7:36am

    I completely agree with you about knowing what’s downrange and beyond, but what the heck was this guy shooting at? The bullet drop on a .308 after 1000 meters is stupid. He would have to be aiming at the moon to actually strike a target standing (or doing a layup) “about a mile” (1600 meters) away. There is a 45 MOA drop at 1000 meters for the .308 Win. Translation: 1MOA=1 in at 100 yds (meters); ergo 45 MOA=45 inches. So the bullet drop is roughly 4 ft and he still had another 600 meters to go to equal the mile. I will concede the fact that he was a great distance, given the rounds lodged instead of passed through, but a mile? Info is not accurate. IMHO. All in all he is responsible for the shot and what it does after it leaves his rifle.

    http://en.wikipedia.org/wiki/.308_Winchester

    Report Post » Airb0rne4325  
    • skitrees
      Posted on January 7, 2012 at 11:38am

      @Airborne4325
      I understand what you are saying, but perhaps the lay of the land itself would explain this…is the school lower in elevation than the land the man was shooting from? I would think too many things would have to be “exactly wrong” for this to be the case, but since we know so little about the actual facts surrounding the location, I would think this MIGHT be one thing which could make the story accurate, while still meeting the stats you provided.

      Either way – a shooter is always responsible for where his or her bullets end up (unless, of course, they’re shooting at a certified range, and the range itself has an unknown flaw of some type – wrong embankment densities/angles/material, etc). I can’t think anyone could do what the story described out of ignorance…it seems either planned to some degree…whether as a test for something later, or perhaps drugs/alcohol was involved? Seems fishy.

      Report Post »  
    • Vapor Trail
      Posted on January 7, 2012 at 12:01pm

      Not trying to be a jerk but you have it wrong.
      I shoot 1000 with .308 regularly let me explain it to you, cause you have it wrong.
      I’ll use data from my .308 I shoot hot fast 168SMK loads so my drop or MOA is actually less than many ,308 loads.
      From a 100 yard zero my bullet will drop by 4 feet around 475 yards that’s roughly 9 MOA

      1 moa is actually 1.047″ @ 100 yards. Yes some round down I don’t

      X MOA does not equal X inches as you state 45MOA=45inches nope wrong, wish it was that simple but its not.

      It works like this at 600 yards my bullet drops is -86.4 so to convert that to MOA
      you take your range and multiply by 1,047
      6X1.047=6.282
      Now you take the bullets drop and divide it by the 6.262
      86.4/6.282=13.75 that is the MOA

      At 1000 yards my hand load in .308 drops 364.5″ (30.3ft)
      so again yards times 1,047
      10X1.047=10.47
      364.5/10.47=34.8 MOA

      Once you know your MOA you do one more equation to determine elevation correction.

      I use mils more these days than MOA similar but different.

      Report Post » Vapor Trail  
    • Vapor Trail
      Posted on January 7, 2012 at 12:04pm

      Not trying to be a jerk but you have it wrong.
      I shoot 1000 with .308 regularly let me explain it to you, cause you have it wrong.
      I’ll use data from my .308 I shoot hot fast 168SMK loads so my drop or MOA is actually less than many ,308 loads.
      From a 100 yard zero my bullet will drop by 4 feet around 475 yards that’s roughly 9 MOA

      1 moa is actually 1.047″ @ 100 yards. Yes some round down I don’t

      X MOA does not equal X inches as you state 45MOA=45inches

      It works like this at 600 yards my bullet drops is -86.4 so to convert that to MOA
      you take your range and multiply by 1,047
      6X1.047=6.282
      Now you take the bullets drop and divide it by the 6.262
      86.4/6.282=13.75 that is the MOA

      At 1000 yards my hand load in .308 drops 364.5″ (30.3ft)
      so again yards times 1,047
      10X1.047=10.47
      364.5/10.47=34.8 MOA

      Once you have your MOA you can then do one more equation to determine your elevation correction on your scope.
      I use mils more these days than MOA similar but different.

      Report Post » Vapor Trail  
    • scottinwisconsin
      Posted on January 7, 2012 at 12:23pm

      Vapor, are you saying the bullet would drop 30 ft over the 1000 yards?
      That makes it weird and unlikely that anyone shooting at a target 300 yards away, could hit anything 1000 yards away. Bullet should be in the dirt.
      The school would have to be down a decent hill from the shooters.
      Who would shoot down a hill like that?
      We need more details.

      Report Post » scottinwisconsin  
    • Vapor Trail
      Posted on January 7, 2012 at 12:52pm

      SCOTTINWISCONSIN First oops sorry for the double post.

      Yup even a typical .50BMG load will drop 20 to 25 feet at 1000 yards from a 100 yard zero.
      So yup when I‘m throwing lead on steel at 1000 yards I’m essentially shooting the bullet 30 feet in the air. So on the occasions I miss the steel the bullet strikes the ground right by it.

      More detail would help. But yea I assume he was at a higher elevation and launched those rounds over a hill or ridge.

      Report Post » Vapor Trail  
    • seldomscene
      Posted on January 7, 2012 at 4:40pm

      Maybe they were hunting whooping cranes on migration.

      Report Post » seldomscene  
    • longranger
      Posted on January 7, 2012 at 7:23pm

      your math isnt right but the idea is 45 moa is 463.5″ at 1000 yrds or roughly 38 feet! the most popular factory .308 win load is the 175 smk federal if sited to a 0 of 100 yrds at his altitude it actually takes around 34 moa to 1000 and 113.5 moa at 1760 or 2057.5″ which is 171.46 feet

      Report Post »  
    • supressorgrid
      Posted on January 8, 2012 at 10:33am

      Exactly right. also as the average .308 moves at about 2800 feet per second, that means the bullet travled for 6 seconds. figure in gravity pulling it to earth at 32 feet per second per second. Which means bright boy was aiming more than 200 feet above his target. Ballistics don’t lie.

      Report Post »  
    • drago
      Posted on January 8, 2012 at 3:36pm

      South Texas has no real high ground, so it is all but impossible for this guy to be shooting “down hill”.If indeed these guys were a mile away, then to hit a target at that distance ie the kids, then the shots would have to be aimed intentionally high, otherwise it would be impossible for a bullet, aimed at a target at 300 yards, to travel a mile in distance.This is my opinion based on experience, not science, or military service, and im sure i will be proven wrong, but there is something very wrong with the facts in this story, and sounds to me like certain aspects of the incedent are missing!

      Report Post »  
    • David-R.-Joe
      Posted on January 10, 2012 at 6:35pm

      You do not have to aim obviously high to shoot a mile! News video showed the expensive, well chosen semi-custom rifle, quality tactical scope, gold medal match 168 grain ammo, the vertical paper targets, with holes, the pan-flat sandy range continuing past the targets, an arial of the ranch and school, and a recovered bullet with an upset nose. Assuming he was zeroed in, the man’s shots likely skipped off the ground behind the target and resumed semi-stable flight. The 2 struck children were some 20 feet apart. He fired five times in that string, wrote down the time, and he kept a log book of shots, that is in custody and matches the strikes. Bullets can indeed skip like this if they hit the ground at close range, like this. Watch videos of tracers if you doubt this. If they were descending from long range at a much steeper angle into sand, then they would likely never resume trajectory. That is what we shooters must remember and be careful for. But he also told the officers to the effect he was checking out this rile. It may have not been zeroed for close range, but left by himself or another zeroed for a long shot. We do indeed have mile plus expanses here, and someone could have left this elevation dialed in. To shoot a .308 a mile, the rifle need only tip upward very few degrees. You’d have to know what to look for to even see a problem. All tactical rigs like this can put the cross hairs on at a mile, so he wasn’t looking at blue sky. All take heed.

      Report Post »  
  • Carolina Infidel
    Posted on January 7, 2012 at 7:04am

    Cardinal rule #4 taught at the beginning of every NRA course

    Know your target and what is beyond.

    I would have to add, especially if you are firing a Winchester 308 round at 300 yds.

    Report Post »  
  • Bill Rowland
    Posted on January 7, 2012 at 5:11am

    Any serious shooter knows to clear his range. You either fire into a good berm or other backstop or you fire in an area you know is uninhabited. If you shoot without clearing you field of fire, you are responsible for the consequences.
    That is a reponsibility that has been taught to me since I learned to shoot a 22 rifle.

    OMG

    Report Post »  
  • Midwest Blonde
    Posted on January 7, 2012 at 3:01am

    This article – was it written by a 10 year old or a journalist? It’s so full of errors – grammar, spelling, misplaced carriage returns – I didn’t finish reading it. In disgust I emailed the “writer”. (and I question the term “writer” for this author………….)

    Report Post » Midwest Blonde  
    • PaxInVeritate
      Posted on January 7, 2012 at 6:45am

      Although I concur with your assessment, cut her some slack. It’s an early Saturday for her. Obviously she’s still tipsy from being out all night with her entourage bar hopping. Who knows, this might be what Hemingway’s “Old Man and The Sea” first draft looked like after a few to many Cuba Libres.
       

      Report Post » PaxInVeritate  
    • eric2waters
      Posted on January 7, 2012 at 9:33am

      Yeah. Cut her some slack. Just as you would a doctor working an early Saturday who hacked off the breast of your wife when he should have been working on her nose. Is this a PROFESSIONAL site or an off-shoot of MySpace for adults?

      Report Post »  
    • skitrees
      Posted on January 7, 2012 at 11:44am

      You’re 100 percent correct! I’d demand my money back from this “professional” article you had to pay so much for…oh wait…you DID pay, right?! If not, I‘m sure you’ve bought from one of the many sponsors…and frequently too, right?!

      You’re complaining about the quality of a FREE product?! Wouldn’t it serve your time better to find something to be HAPPY about?!

      Report Post »  
    • trinklefinder
      Posted on January 7, 2012 at 1:16pm

      the thing i like to ask myself when i start getting upset over something is…..will it matter 20 years from now?

      feel free to use it.

      Report Post » trinklefinder  
    • skitrees
      Posted on January 7, 2012 at 2:39pm

      @trinklefinder

      Thanks – I’ll going to tuck that one away in my “checklist” of “before posting….” :)

      You know – it has dawned on me over the past few weeks, that many of us (me included) have fallen into the trap of evil. We have become SO angry about things of this world, that we often times fight amongst ourselves over small things. We truly do need to work together if there is any hope. We‘re so vested in finding others’ superficial flaws, that we sometimes forget our purpose of meeting with other folks who share our core beliefs. Perhaps I’m projecting too much of my self into this interpretation, but it does seem to apply to many posts I have read over the past several weeks.

      Report Post »  
    • PaxInVeritate
      Posted on January 8, 2012 at 1:16am

      No…. It’s not just you who sees it.

      Report Post » PaxInVeritate  
  • dontbotherme
    Posted on January 6, 2012 at 11:59pm

    I’m sorry, but I have to ask if the man was drunk. The sheriff said he was very reckless. I guess that I should wait for all details to be released before making any judgements, but this is a tough one. God help the kids recover. If this was truly accidental I hope the man (& the victims) can forgive himself.

    Report Post »  
    • your sensei
      Posted on January 7, 2012 at 10:35am

      Cheney was drunk. Why not this guy?

      Report Post » your sensei  
    • Buck Shane
      Posted on January 7, 2012 at 12:32pm

      This guy shot two kids, all Cheney did was shoot a lawyer.

      Report Post » Buck Shane  
    • drago
      Posted on January 8, 2012 at 4:54pm

      @your sensei aka encinom
      Proof? Idiot……
      @Buck Shane
      Thats funny;p

      Report Post »  

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