BASTROP, Texas — The family of a man shot and killed in Bastrop is taking legal action against the alleged shooter’s mother.
Steven Allan Smith, who was 41 years old at the time of his death, died in September at his Bastrop home. Investigators said a 13-year-old was responsible for his death, but because of the teen’s age, no additional information was released.
The lawsuit is against the teen’s mother and claims negligence on her part. On Monday the family’s attorney, Chris Tolbert, said an autopsy report revealed Smith was shot by a single bullet and it was concluded that it was a homicide.
“We want to make sure that the appropriate people are being contacted, and we want to make sure that all the witnesses are being interviewed,” Tolbert said. “We want to make sure that the case is fully investigated, and we want to make sure that the punishment is proportionate to what happened.”
The lawsuit accuses the teen’s mother of failing to safely secure the gun, knowing the 13-year-old could access it. It also claims the mother failed to supervise and monitor the child and knew the risks of leaving the teen unsupervised on the property.
Tolbert noted that the teen was arrested and released, and only faced a charge of aggravated assault with a deadly weapon. No murder charge has been filed in Smith’s death.
”When someone interferes with that right, our right to life, then it becomes the responsibility of our justice system to hold that person accountable – whether they are a juvenile or not,” Tolbert said.
KVUE reached out to the Bastrop County District Clerk’s Office and the District Attorney’s office for information on the case as well as a copy of the autopsy report but did not receive a response.
Meanwhile, the Bastrop County Sheriff’s Office said their investigation has been completed and handed over to the DA’s office.
The family is also demanding a jury trial, according to the lawsuit.