Police: Forest Hill mother fleeing with children when husband fired gun

04/21/2014 2:56 PM

04/21/2014 3:55 PM

A Forest Hill mother was trying to flee with several children from her intoxicated husband early Sunday when he began shooting at her van, hitting their 10-year-old son in the hip, police said Monday.

On Monday, police identified the husband as Byron Nesbitt, 32.

Nesbitt remained in the Forest Hill Jail Monday with bail set at $75,000.

He faces an aggravated assault with a deadly weapon/family member/deadly charge among other possible charges, police said.

The domestic dispute started around 1 a.m at the couple’s home in the 4700 block of Richard Street after Nesbitt arrived, reportedly intoxicated, according to a news release issued Monday afternoon.

“An argument ensued between Mr. Nesbitt and his wife at which time she called 9-1-1,” the release states.

Capt. Jerry Cozby said the wife had then placed about half a dozen children that had been at the home, some of which belonged to the couple, into a van. She was trying to leave when “Mr. Nesbitt approached the vehicle and smashed the windshield with a handgun,” the release states.

“As the victim vehicle was fleeing, Mr. Nesbitt began shooting at the vehicle,” the release states. “At least one of the bullets penetrated the vehicle and struck the 10-year-old victim who was positioned in the rear of the vehicle.”

The mother drove the injured child to the Forest Hill Police Department, where the boy was treated by officers and Forest Hill firefighters until he could be taken to Cook Children’s Medical Center in Fort Worth.

Cozby said the boy is expected to make a full recovery.

To protect the family, Forest Hill police said, an emergency protective order has been issued against Nesbitt.

Tarrant County court records show Nesbitt plead guilty in 2002 to aggravated assault with a deadly weapon with serious bodily injury for shooting a man and received 10 years of deferred adjudication probation. He was released early from probation in October 2010 and the case was dismissed, records show.

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