Attorney: Client relieved by DA's news

DAPHNE, Ala. (WALA) - An attorney for one of the men who was on Gravine Island when Summer Moody was shot said his client is relieved to hear the news there are no criminal charges planned for his client in connection to the shooting.

Baldwin County District Attorney Hallie Dixon announced on Thursday there will be no criminal charges for the three adults in the incident.

Thomas Dasinger, the attorney for William “Nick” Hearn says this is good news for his client, but doesn’t remove the pain he feels for what has happened.

"He and his family are somewhat relieved. He's back to work full time as he's always done and trying to get on with his life," said Dasinger.

Deputies said 17-year-old Moody was shot when three men fired two warning shots. They believe she was hiding in a bush and one of the bullets struck her in the head.

Investigators said the men were trying to defend the property from two juveniles they believed were burglarizing the property. Officials said the juveniles were in the possession of firearms.

Hearn is one of the adults Dixon said fired a shot. Dixon would not release which man fired the shot that struck Moody.

“I’m not at liberty to say which shot my client had fired, if in fact he did. But anything that he may have done was never with any intent to injure anybody,” said Dasinger.

Dasinger said it was supposed to be a weekend vacation but it turned into a tragedy his client will never forget.

"Everything that could go wrong did go wrong," said Dasinger.

Dasinger said from the minute his client and the other two men discovered Moody had been hit, they tried to help her.

“They took her back to the landing and were on the phone with 911 and talked to 911. And (they) held her and tried to do everything they could to help her. These guys could not feel worse about the situation,” said Dasinger.

The three teenagers police said were with Moody on the island were charged shortly after. Scott Tipton Byrd, Daniel Parnell and Dillon Wade Tyree, all 17, are all being charged as adults with first degree burglary, according to sheriff’s deputies.

Dasinger said they could face more severe charges now that Moody has passed. He is referring to a felony murder statute which he said describes the situation to a tee.

“It’s an unintentional murder that happens in the course of a felony being committed. I don’t think that it’s in dispute that the kids were there for vandalism or burglarizing. They weren’t there for a legitimate reason. And in the course of that, somebody got unintentionally killed,” said Dasinger.

Dixon said ATF is conducting a federal investigation, and it is possible Hearn could face a federal gun charge.

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