BALDWIN COUNTY, Ala. (WALA) - An attorney for the family of Summer Moody said he believes murder charges against Scott Byrd, Dylan Tyree, and Daniel Parnell are 'inconsistent' with the findings of the investigation.
A Baldwin County grand jury indicted the teens Wednesday for felony murder stemming from the April shooting on Gravine Island that ultimately killed Moody.
"Essentially, but for the actions of these young men that night, Summer Moody would still be with us and still be alive," said Baldwin County District Attorney Hallie Dixon.
Moody had traveled to the island with the teens back in April.
Authorities said the boys were breaking into fish camps and caught the attention of three men who had been staying on the island.
According to police, one of the men fired a warning shot away from the teens. Investigators said the shot hit Summer Moody, who was hiding behind a bush.
Those men were never charged.
"I can't really figure it out," said Robert Stankoski, who represents the Moody family. "I can't figure out why you choose to punish one set of the offenders and not the other ones."
Stankosk said he believes the DA's office has looked at those campers as victims since the very beginning and claims that charging the teens with felony murder does not make sense.
"(Charging the teens with murder is) inconsistent in that the Baldwin County District Attorney has come out and had a press conference and announced to the press and the news that this was a ‘horrible, tragic, accident,'" said Stankoski. "There is no crime of felony 'horrible tragic accident.' How can you find that the shooter in this case committed an accidental shooting and then charge the boys with murder? It's completely inconsistent."
Dixon said it is important to remember that the evidence shows the men who opened fire did not intend to shoot anyone and that the shooting was prompted by the teens committing a crime.
"Felony murder holds people accountable if they are participating in inherently dangerous felonies and someone is killed," said Dixon. "These young men participated not just in a burglary but were armed. They not only were armed but when confronted fled."
Meanwhile, Stankoski said the family is also perusing a wrongful death lawsuit, which names five defendants.
Those defendants are the three men who confronted the teens: William Hearn, Lonnie W. Davison, and Larry Dean Duncan Jr.
It also names Alabama Marine Police and John Russell Beasley, who owns the camp near where the shooting took place.
The three teens are expected in court for a bond hearing Friday, November 30.
Federal authorities say an Alabama man has been charged in a slaying at an Army post in southeast Georgia, but officials are releasing few details about the case.
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