Family Of Shooting Victim Wants Charges Filed Against Accused Gunman

Wednesday, July 11th 2007, 9:40 am
By: News On 6

It's been one month since a Schulter teen barely survived being shot 10 times, while family members say he was coming to the aid of a friend fighting with her father. The 17-year-old is back in intensive care. The News On 6’s Heather Lewin reports watching his painful recovery, family members still want to know why no charges have been filed in the case.

Justin Burgess's family thought they'd be bringing him home soon. Instead doctors rushed him into another surgery and back into intensive care.

"It was pretty tough, because I had to sit with him for 48 straight hours while they were giving him morphine, and I was giving him ice between the shots, and he was in unbearable pain,” said Justin Burgess’ father Skip Burgess.

Burgess says they removed his son's spleen and performed a colostomy. The teen has been fighting his way back to life since June 12th when investigators say he answered a call for help from a friend that she was being assaulted by her father, 38-year-old Jesus Bustos.

Detectives say Justin Burgess showed up and got into a shoving match with Bustos, who pulled out a gun.

"He was shot approximately 10 times, eight times in the front area including the arms and chest area and two times in the back,” said chief criminal investigator James Poulin.

Investigators found a .22 caliber handgun and a knife at the scene. No charges have been filed, no arrest made.

Investigators say because the teen had a knife, they must first consider the Stand My Ground Law, even if they suspect the shooter used excessive force.

Skip Burgess says he doesn't understand how it could be called self-defense.

"I don't understand that,” Skip Burgess said. “My boy wasn't threatening him, he shoved my boy first. My boy shoved him back. My boy got off the porch. He went in the house got a gun and shot him."

Detectives have turned the case over to the Okmulgee County DA, but that's where it's stopped.

“Nothing, that it's under investigation,” said Skip Burgess. “I've went to them twice and been told the same thing, still under investigation, still looking into it but nothing's been done."

The Okmulgee County prosecutor handling the case has not returned our calls for comment. We're unable to reach Bustos, the accused shooter.

Friends and family of the victim, frustrated at the apparent delay, say they're about to circulate petition seeking a grand jury.

Watch the video: No Charges Filed Against Man Accused Of Shooting Teen 10 Times

Related stories:

6/13/2007 - Okmulgee County Shooting Leaves Teen In Critical Condition

6/15/2007 - Father Of Okmulgee County Teen Shot 10 Times Speaks Out