Relatives of Nixon man shot dead demand legislative action after authorities say they’re unable to charge the child who says he killed him

NIXON, Texas — Loved ones of Brandon O’Quinn Rasberry are pushing to transform Texas law after learning the 10-year-old boy who allegedly confessed to killing the Nixon man will not face criminal charges. 

“I feel that justice is just, but not served,” Hadley said, who’s determined to secure justice for her son. “I waited two years and three months to get this news. If it takes my life from here on forward, I’m doing it.”

The Gonzales County Sheriff’s Office announced Thursday that a 10-year-old boy told authorities he shot and killed Rasberry as he was sleeping in his RV in Nixon on Jan. 16, 2022.

“Look at this one seven, almost eight (years old), it’s unbelievable. I just cannot wrap my head around it,” Hadley said.

Officials with Nixon-Smiley CISD initially alerted law enforcement about the elementary-aged student who allegedly threatened to assault and kill another student on a bus one week prior. School officials noted the boy has been removed from the elementary school as a result.

“Nixon-Smiley CISD would like to reassure parents, students and the community that the safety of our students and staff is of utmost importance,” Superintendent Jeff Van Auken wrote in a letter. “We extend our gratitude to the Gonzales County Sheriff’s (Office) for their unwavering commitment to maintaining the safety of our schools and community.”

While the boy faces a terroristic threat charge through the juvenile justice system, he will not be charged with murder due to Texas law, which states juveniles under 10 years old cannot be held criminally liable.

“I don’t have hate in my heart for him, I hope he gets the help that he needs,” Hadley said.

At the same time, Hadley believes the boy should face legal consequences for allegedly murdering Rasberry.

“I want this law changed because, kids nowadays, they know how to use guns,” Hadley said.

A friend of the Rasberry family launched an online petition in an effort to bring awareness and change to Texas law when it comes to juveniles and justice. 

The petition cites the American Psychological Association, saying “by age 7, most children can distinguish right from wrong and understand consequences.” 

“We urge lawmakers in Texas to reconsider and amend Penal Code Section 8:07. We need legislation that balances the need for juvenile rehabilitation with ensuring justice is served for victims and their families,” the petition reads. “Please sign this petition if you believe in fair justice for all victims, regardless of their perpetrator’s age.” 

UTSA Political Science Chair Jon Taylor doesn’t believe lawmakers would vouch for amending the penal code to allow the charging and prosecution of children under 10 years of age. He does, however, see such a legislative proposal reigniting the dialogue about the mental state of children suspected of committing heinous crimes like murder. 

“The law is just not equipped to handle something like this,” Taylor said. “You’re left again with the idea of mental capacity and the idea that, essentially, does an 8-year-old really understand what they’re doing here?”

Meanwhile, friends and family of Brandon Rasberry realize their fight plays to a much bigger picture of helping other families who could find themselves in similar situations.  

“By getting this petitioned signed and taken care of in this manner, we could prevent this from ever happening again to somebody,” said Rasberry’s brother, Jonathan Fojtik. 

To learn more about the petition, go here.