JACKSONVILLE, Fla. — Documents have revealed the shooter in the death of 7-year-old Jacksonville boy that the Jacksonville Sheriff's Office labeled as "justifiable."
First Coast News discovered that JSO "cleared" the death of a 7-year-old Jacksonville boy as "justifiable" through to JSO's transparency website.
It does not appear the deadly shot came from the car that fired from the street.
According to newly released police reports, it was revealed that the person who shot and killed 7-year-old Tashawn Gallon was Henry Dwayne Smith, Jr., 25, who was behind the boy.
Documents reveal that Smith and Gallon are related, but it's not completely clear how.
The police report states that one of the fragments recovered from Gallon's body during autopsy has similar class characteristics of a shell casing recovered at the scene "most likely" fired from Henry Smith, Jr., who was seated behind Gallon.
JSO's transparency website originally listed the death as a "justifiable" homicide. After FCN's article, JSO changed the homicide to "excusable." JSO has now moved back to the "justifiable" classification Tuesday.
In a tweet by JSO, the facts and circumstances in the death of Gallon "straddle the line between an investigative conclusion of an 'Excusable' and 'Justifiable Homicide.'"
Criminal defense attorney Richard Kuritz explains the difference between a justifiable and excusable homicide.
"Justifiable homicide is what we traditionally think of when we talk about a stand your ground situation, someone's coming after me and I’m scared for my life," Kuritz told First Coast News. "An excusable homicide is when a death occurs in the heat of passion, on accident, misfortune, nobody intended it to happen."
The reports say Smith admitted he shot the gun whose bullet matched the one that killed Teshawn, but that it was fired in self-defense.
"They're not going to be prosecuted for defending themselves even if somebody who was not involved is an innocent victim in the case,” said Kuritz.
JSO Sheriff Mike Williams said days after the shooting that Ta'shawn was one of six people in the front yard of a home in the 1300 block of Herman Street when a silver SUV pulled up and began shooting at the crowd.
During the shooting, another victim reportedly returned fire while Ta'shawn was caught in the crossfire.
The child was transported to a local hospital with a gunshot wound where he later died, JSO said.