The Austin branch of the NAACP has called for a "thorough" investigation into the death of Stephen Allan Smith, a 41-year-old Bastrop man, who authorities say was shot by a 13-year-old last month. The civil rights organization emphasized the importance of a comprehensive probe into the incident, including the roles of both the juvenile and any adult involved, as well as the origin of the firearm used in the shooting, KXAN reports.
Loved ones of Smith have also spoken out, describing him as a generous man who devoted himself to assisting others in need. Mary Brown Moody, a relative of Smith, told KVUE, "He helped everyone. He helped his family. If there was a need, Steven could do it." According to Moody, Smith was an industrious individual who "did not deserve this" and was survived by two sons.
The relationship between Smith and the accused teen has not been disclosed by the Bastrop County Sheriff's Office, citing the ongoing nature of the juvenile case. Information is limited due to the juvenile status of the suspect. However, the potential legal paths for juvenile cases differ significantly from those for adults, explains criminal defense attorney James Winters. "There's the possibility that they could be on house arrest," Winters said of the juvenile, indicating that being released from custody doesn't necessarily equate to freedom, it could involve measures like GPS monitoring.
Regarding the prosecution approach for juvenile suspects, Winters detailed, "They can do what's called the determinate sentence, which is a legal process that allows the prosecution to seek a determinate number of years in the Texas Juvenile Justice Division, that would then be transferred possibly to the adult prison system," in instances where the charge is serious, such as murder. The decision to try a juvenile as an adult hinges on the crime's nature, the juvenile's age, intellectual abilities, and whether the judge deems it appropriate.
The Austin NAACP will present more details during a press conference scheduled for 1 p.m. on Monday, hoping to cast further light on the complexities of this case and the need for transparency and accountability. The community and Smith's family are left waiting for answers as the legal process unfolds.
