BADLWIN COUNTY, Ala. (WALA) - A Baldwin County grand jury indicted three Baldwin County 18-year-olds for felony murder charges stemming from the shooting death of Summer Moody. The incident happened on Gravine Island in April 2012.
Baldwin County officials said Scott Byrd and Dylan Tyree, both of Stapleton, and Daniel Parnell, of Bay Minette, face first, second and third-degree burglary charges, along with murder, in the Gravine Island case.
"The entire matter was presented to the grand jury, who determined what charges should be leveled and who to charge. The law is very clear that Miss Moody's death was the result of the young men's actions, and felony murder applies," said Baldwin County District Attorney Hallie Dixon.
Also, Clark Stankoski, who formerly represented Scott Byrd, said now that murder charges have been brought against the teen he can no longer represent him due to a conflict of interest.
Stankoski's brother, Robert Stankoski, is representing the Moody family in the civil case .
Officials said three men heard the teens, who were allegedly burglarizing fish camps, and opened fire.
The Baldwin County Sheriff's Office said William "Nick" Hearn had a rifle and fired one of the warning shots that fateful night on the island. Hearn is a convicted felon and under federal law, it is illegal for him to have ammunition, much less a gun.
However, Dixon said Hearn, Lonnie Davison, and Larry Dean Duncan, Jr. would not be charged in the shooting.
There's no comment from the U.S. attorney's office but he won't be prosecuted under state law:
"As far as a firearms law under state law, our prohibition, and legal prohibition for felon involves hand guns. These were long guns. They're not prohibited under state law from having long guns," said Dixon.
Dixon said Hearn, Lonnie Davison, and Larry Dean Duncan, Jr. would not be charged in the shooting.
Hearn's attorney, Thomas Dasinger, said he hasn't heard from the U.S. attorney's office, and he hopes it stays that way.
Dasinger said he heard the three teens were indicted Wednesday, November 28. He has not spoken with Hearn about his feelings or views on the indictment.
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