Not a single day passes that Jack Haley doesn't think of his little boy. There are pictures on every wall and a glass case with all his favorite toys.

Six years ago, 5-year old Austin was accidentally shot and killed while fishing with his grandfather at a family pond. Grandfather, Jack Tracy said, "The 2nd bullet hit him in the back of the head and came out here in his forehead. It was horrible. Blood and brains everywhere."


It was August 3rd, 2007. Two Noble police officers were called to a home on a report of a large snake, dangling from a birdhouse.

Paul Bradley Rogers fired two shots from his 357. The bullets missed the rat snake, but one struck Austin, who was in the woods directly behind the home.

Austin's dad, 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."

Both officers pleaded "no contest" to second degree involuntary manslaughter. And it's true. Officer Roger's record has been cleared, but it was legal under Title 22 Section 991 C.

The Cleveland County DA, Greg Mashburn told us, "providing all requirements were met on the deferred sentence, the case could be updated to say "pled not guilty, case dismissed."

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 says.

They say there is no forgetting Austin or the the deadly accident, even if the officers and the court see it differently.