San Marcos Mercury | Local News from San Marcos and Hays County, Texas
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December 23rd, 2009
Stray bullet hits house east of Kyle


A .45 caliber bullet struck a house and almost hit a resident in the Green Pastures neighborhood east of Kyle after an unknown person apparently fired a gun in the air, authorities said.

Hays County Sheriff’s Office deputies responded to a deadly conduct call early Saturday morning and discovered that the bullet penetrated the roof and landed in the same room as the occupant at 806 Dickerson Road, authorities say.

No arrests or leads were made in the incident, which is currently being investigated by the Sheriff’s Office.

The incident occurred in the same eastside neighborhood where seven-year-old Daniel Galicia was killed by a stray bullet as he played on a trampoline outside his home in April 2007. A neighbor who told investigators he’d been target shooting 200 yards away, Jose Barrera Espitia, 38, pled guilty to manslaughter in 2008 and was sentenced to eight years in prison.

In the aftermath of the accidental killing, a task force created at the urging of Pct. 2 Commissioner Jeff Barton recommended a “Daniel’s Law” which would have banned the discharge of firearms on lots less than two acres and prohibited shooting between 10 p.m. and 6 a.m. on lots between two and 10 acres.

The restrictions were voted down in a 2-3 split on the Commissioners Court. Barton and Pct. 1 Commissioner Debbie Gonzales Ingalsbe cast the two votes in favor.

Firing a gun remains legal outside city limits in Hays County, but state regulations prohibit reckless discharge of a firearm across property lines.

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