Child shot in stable condition; officials refuse to release details
Law firm partner says information is public

Saturday, August 25, 2007

A 10-year-old was shot Thursday night, according to reports transmitted via the police scanner. However, city officials would not release information about the shooting on Friday.

The boy was taken to Good Shepherd Medical Center and remained in stable condition the entire time.

The projectile entered through the boy's back and exited through his chest, according to reports heard over the scanner. The possibility of the injuries being inflicted by a BB gun was mentioned by law enforcement responding to the scene.

Details about the incident were not being released to the public because the parties involved are juveniles, city officials said.

A request for the information through the Texas Public Information Act was made Friday morning. The city was seeking an opinion on the matter from the attorney general, City Attorney Jim Finley said Friday.

"We have to seek an (attorney general) opinion of that because (it concerns) the release of information involving criminal cases involving suspects under the age of 17," Finley said.

He cited a portion of the Texas Family Code that states that law enforcement records and files are not public record.

"We don't want to be in violation of the law," Finley said.

Charles Daughtry, a partner in a law firm who specializes in freedom of information requests, said the report of an incident such as the one Thursday is public information.

"The police have a legitimate interest in protecting the identity of the children, but they can't not release anything (about the shooting)," Daughtry said. "They can properly redact (black out) the report to take out identifying information, (but) they have to give you the portion of the report that describes the incident."

Tom Kelley, press secretary for the attorney general, said the city has the final say in a case like this.

"Any and all identifying information regarding juvenile offenders is off limits," Kelley said. "Law enforcement officials have discretion in what they can release, especially if it's something under investigation and especially if it's a juvenile."


Calling Kris and Sharon !!!!!!!

I don't know what Mr. Daughtry is talking about.

The Legislature did pass a bill (HB 1960, eff. Sept. 1, 2007) that permits a child and/or his parents to inspect and get copies of law enforcement records concerning that child. However, the records are subject to redaction consistent with open records law, so the law enforcement exception would apply and the only available information is the "front page" stuff -- date, location, names, etc., but no narrative portions.

Thanks Shannon ! Since I teach lots of classes on juvi records, I thought I had missed something and wanted to make sure before I teach my next one. Not only is 58.007 VERY specific about the release of juvi RECORDS, but I thought there was an exception to PIA requests for on going criminal investigations.