A Noble, Okla., police officer, who accidentally shot and killed a child while trying to shoot a snake, has had his record cleared.

Six years ago, Jack Tracy was fishing with his 5-year-old grandson Austin Haley when two police were called to home on a report of a large snake dangling from a birdhouse. One of the officers, Paul Bradley Rogers, fired two shots from his gun. The bullets missed the snake, but one struck Haley, who was in the woods directly behind the home.

“The second bullet hit him in the back of the head and came out here in his forehead,” Tracy said, according to KFOR-TV. “It was horrible. Blood and brains everywhere.”

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News9.com reports that both Robert Shawn Richardson and Rogers pleaded guilty to second-degree manslaughter for the accidental shooting death. Richardson received a five-year deferred sentence, and Rogers received two and a half.

Rogers’ record has now reportedly been cleared.

Haley’s father, Jack said, “I hate to dredge this up again. But here we are six years later, and we’re finding out the shooter, Brad Rogers, his records have been expunged.”

The Cleveland County DA, Greg Mashburn told KFOR-TV, “providing all requirements were met on the deferred sentence, the case could be updated to say 'pled not guilty, case dismissed.'”

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The family believes the law is outrageous according to Jack Tracy.

“He was shot and killed by the reckless act of another person and they want to sweep the whole thing under the carpet and forget it?” Tracy said.

Sources: KFOR-TV, News9.com

Photo Credit: THE OKLAHOMAN

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