By Scott Harper

sharper@gtowntimes.com

A 15-year-old Andrews resident — who shot and killed his young neighbor in 2006 — will remain in the custody of the Department of Juvenile Justice after losing his appeal to be freed.

The teen, whose name cannot be revealed due to his age, has been in DJJ since a family court judge found him guilty of murder for the July 2006 shooting death of 10-year-old Zachary Haymon outside their Hemlock Street homes in Andrews.

The judge ordered the youth to be confined to DJJ custody until he turns 21.

That sentence was appealed because, according to the suspect and his family, the family court did not prove there was any malice involved in the shooting.

The child said the gun he was holding accidentally discharged, causing a bullet to strike Haymon in the chest.

Court findings

The ruling affirming the family court decision, handed down by the S.C. Court of Appeals Thursday, states Haymon was at the suspect’s house playing video games before the shooting.

Haymon went to the freezer to get a popsicle without his friend’s permission.

When Haymon refused to return the popsicle to the freezer, the 12-year-old chased him around the living room.

Haymon ran out of the house and his friend locked the door so he could not get back inside, the ruling states.

Haymon started banging on the door while the 12-year-old grabbed a loaded rifle from a closet.

He told Haymon to stop banging and Haymon asked if he was going to shoot him.

The 12-year-old said “no” but moments later, (Haymon’s friend) fired two shots; one into the ground near Haymon, and a second, fatal shot, into Haymon’s chest, the document states.

Accident claim

The 12-year-old maintains the rifle accidentally discharged but, during the family court hearing, a South Carolina Law Enforcement Division forensic firearms expert testified it required six pounds of pressure on the trigger to discharge the gun.

Andrews Police Officer Eric Dean testified the 12-year-old said “I asked (Haymon) to leave me alone and he wouldn't, so I shot to scare him."  

The suspect denies making the statement.

The appeals court ruled the 12-year-old’s attorney made no objection to the final verdict of the family court and made no motion for a new trial.