Child's play?

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The Magdalena Marshal's Office is investigating how a gun from a capital murder case in Houston found its way to Magdalena Schools.

According to Magdalena police blotters, the Marshal's Office was called to Magdalena Schools about 8:08 p.m. Nov. 29 for shots fired outside the cafeteria during a basketball game.

The male subject firing the gun was arrested and taken to the Marshal's Office. Marshals discovered the gun was a piece of evidence wanted in a capital murder in Houston. The male subject was taken to the Bernalillo County Detention Center and charges have been filed by the Juvenile Probation Office.

According to the police report, marshals recovered a .45-caliber Ruger from the 14-year-old boy Nov. 29. The boy said he got the gun from a friend in Socorro but would not reveal the friend's name.

The boy said he took the gun to the school "to be cool," the report states. The boy also said he did not fire the weapon, and that he had smoked marijuana and taken Suboxone. Questioning stopped when the mother said the family wanted an attorney and told her son not to talk to police.

"We talked to the child, and the mother said, 'We're not saying anything, we want an attorney.' So there you go," Cearley said.

Nov. 30, Cearley met with the boy's parents and a second boy, 15, who was with the 14-year-old during the time the weapon was fired at the Magdalena Schools. The 15-year-old said he was smoking marijuana prior to the incident. He said, he and the 14-year-old found the weapon in a cardboard box in a drainage ditch west of Magdalena about two weeks before the shooting incident. He also said the 14-year-old was having trouble with another student at school over a girl.

The report states Magdalena Schools staff found a spent cartridge near the cafeteria entrance on Nov. 30 and called it in to the marshal. The cartridge matched the gun.

On Nov. 30, according to the report, Cearley had the 15-year-old show the marshal where the gun was found. The boy said the gun was found in an old car in the drainage ditch, which police photographed, but the cardboard box was not located.

Cearley said his department doesn't believe the gun was found in the drainage ditch, but he was not at liberty at this time to say why they don't believe it.

On Nov. 30, Cearley contacted Eric Cletg, an investigator with the Houston Police Department, who said the Ruger found with the Magdalena boy was used in a killing in 2005. Cletg told Cearley Houston police are still looking for a second weapon, a .40-caliber Springfield,. Cletg said there were two shooters in the Houston murder case, and three people were found guilty in the case.

Cearley said the boy is still jailed at the Bernalillo County Detention Center, and the gun is still in evidence at the Magdalena Marshal's Office. He said the marshals will keep the gun in evidence until the case involving the student is resolved, then they will contact the Houston Police Department to see if they still need the weapon.

Cearley said once the marshals confiscated the weapon, they entered it into the National Crime Information Center database and found out Houston police have been searching for the gun in connection with a murder there. He said three people were involved in the murder and Houston police have been searching for the weapons ever since.

"There were actually two weapons involved," Cearley said. "One was a .40 caliber and one was a .45 … We found the .45."

Cearley said the boy's family has no connection to Houston, and the boy may have obtained the gun from a friend. He said police are currently working on finding out exactly where the gun came from.

"It's imperative we find out where this gun came from," Cearley said.

Cearley requested anyone with any information about this gun to come forward. He said it will help close the investigation regarding the Magdalena boy, as well as help put an end to a longtime investigation in Houston. Lanny Fuselier, Mack Williams and Tamara Corsey are being held in that murder case.

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