Rogers was later found guilty of second-degree manslaughter, and he and Richardson received deferred sentences.
Manslaughter is a violent crime that one would typically not receive a deferred sentence for, Austin’s mother, Renee Haley, said, but since the two received deferred sentences, one was able to get his record expunged through a loophole and, from her understanding, the supervision officer is trying to as well.
Haley said that the law was changed in November allowing a loophole that basically says if the person received a deferred sentence, their record can be expunged.
“Normally deferred sentences would be for much lesser crimes,” she said. “(This loophole) wasn’t meant for people who killed a little 5-year-old boy. It was meant for lesser crimes.”
Haley said they are only asking for fairness.
“If the roles were reversed and I had shot the gun, it would be much different. I would’ve been sent to jail and the sentence would have been done more harshly,” she said.
As it is, the two never served any jail time and were asked by the court to do some community service with animals, Haley said, adding that the only form of punishment they were really given was that this violent crime was going to stay on their record forever.
Forget what would have happened if it was a mother who mistakenly shot her own son, what would the punishment have been if it was a police officer who was mistakenly shot in the back of the head by someone trying to shoot a snake? Community service with animals?
There are two sets of rules in this country, those for the rulers, and those for the ruled.