LUFKIN, TX (KTRE) – Kimberley McCarty used to be the mother of three. Five years ago, that all changed.
"I did lose two," said McCarty.
January first, 2005, a shooting is called into the Polk County Sheriff's Officer. Detective Waller responds to the Leggett home.
"It was one of the saddest cases I've ever worked," said Det. Waller.
15 year old Patrick McCarty, his 13 year old sister, Frankie and two friends were listening to music in a van on the family's property... and playing with a gun.
"He was dry-firing the gun that he'd got out of the house in the face of the 2 other kids in the vehicle," said Waller.
"He was playing with Frankie and that's when it happened," said McCarty.
At some point the 99 mm was loaded.
"Put a round in the chamber, put the gun to his sister's head and shot her," said Waller.
Patrick attempted a cover-up.
"Staged the scene, put her in the pick-up and put the gun in her right and that's pretty much how we found her," said Waller.
He was charged with two felonies: murder and injury to a child; tried as an adult, found guilty and sentenced to 24 years. He spent the last five in the Texas Youth Commission.
"There's a violent offender program that they must complete," said Waller.
Patrick refused. About to be 21 - a decision had to be made that would affect his future. A judged decided he would complete his sentence... in prison.
"Had he completed the program he would've been out on parole," said Waller.
His mother, devastated just wanted her son to come home.
"Do I think he should be where he is? No, I'm terrified every day, every night," said McCarty.
She believes that the shooting was an accident. And is proud of his many accomplishments during his time in T.Y.C. including his high school diploma.