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'We’re looking for answers' | 10-year-old Texas boy linked to 2022 killing, according to officials

Loved ones of Brandon Rasberry are determined to continue fighting for justice despite that the boy cannot be charged in his death.

SAN ANTONIO — A 10-year-old South Texas boy confessed to killing a man he says he didn't know two years ago during questioning for a separate investigation at his school, according to officials.

On April 12, the child suspect allegedly threatened to kill another student on a bus, authorities in Gonzales County say. When he was asked by school officials, authorities say, he admitted that he shot and killed a man two years ago. That confession launched an investigation by the Gonzales County Sheriff's Office. 

Rasberry's brother, Jonathan Fojtik, is still coming to grips with the reality of what the investigation revealed. 

“Finding out it was a 7-year-old that committed the murder, a senseless murder at that, it’s just tragic. It’s kind of hard to wrap your head around," Fojtik said. “Brandon was a loving person. He’d give the shirt off his back for anyone.” 

During his interview with deputies, the boy "described in detail" how he killed 32-year-old Brandon O'Quinn Rasberry in January 2022. 

According to investigators, the child's grandfather lived at the same RV Park as Rasberry. On the day of his death, officials say, the 10-year-old retrieved a pistol from the glove box of his grandfather's truck before going to Rasberry's RV and shooting him while he was sleeping.

The child told investigators he didn't know the victim and the attack was unprovoked. 

“I feel like the boy knew exactly what he was doing," Fojtik said. “Why wasn’t the child being supervised more.”

According to a press release from authorities, Gonzales County sheriff's deputies were able to find the gun, which had been sold to a pawn shop in Seguin. From there they were able to confirm that the weapon was used to kill the victim. 

Officials said that "because of the severity of the crime," the boy was brought to a San Antonio psychiatric hospital. He has since been admitted to a detention facility in Gonzales County on a charge relating to a school bus incident.

He won't be charged for Rasberry's slaying, however. Officials say that's because of how old he was when he said committed the crime; he shot the victim a week before he turned 8. 

Texas State law states that a child cannot be responsible for a crime until they are 10 years old.

Fojtik and family are determined to continue fighting to secure justice for Rasberry despite that the 10-year-old boy can't be charged in his death. 

“Unfortunately, we’re lucky that the boy threatened another kid at school and a counselor got involved and then the truth was brought out," Fojtik said. “We’re looking for answers. We found them. It wasn’t really what were hoping for.” 

The school district at Nixon-Smiley CISD released a statement saying the student will not return to their elementary campus.

"Nixon-Smile CISD would like to reassure parents, students and the community that the safety of our students and staff is of utmost importance," Superintendent Jeff Van Auken wrote in a letter. "We extend our gratitude to the Gonzales County Sheriff's (Office) for their unwavering commitment to maintaining the safety of our schools and community." 

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