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Malvo targeted, nearly hit child, investigator says


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FAIRFAX, Virginia (CNN) -- Investigators believe teen-age sniper suspect Lee Boyd Malvo shot at and narrowly missed hitting a child outside an Aspen Hill, Maryland, store on the first night of what would become a three-week shooting spree, a source close to the investigation confirmed to CNN.

The October 2, 2002 shot pierced the window of the art supply store and passed within six feet of a female cashier in the store at about 5:20 p.m. An hour and a half later, Malvo allegedly shot a man walking through a Shoppers Food Warehouse. That victim became the first death in the sniper spree.

Malvo's attorneys are in court Monday to seek dismissal of an alleged confession, saying investigators violated their client's rights. Prosecutors said the statement was obtained lawfully.

In court documents filed April 18, prosecutors disclosed for the first time an incident in which Malvo allegedly fired at and narrowly missed shooting a child. The documents, however, did not disclose the time or location of the incident.

The documents read: (Fairfax County Police detective June) "Boyle will testify that Malvo described an instance where he shot at a child and missed. Evidently, Malvo found it amusing that as the errant bullet flew past the boy's head he swatted at the air as if a bee had buzzed too close. Malvo actually smiled and chortled as he recounted this event."

A source acknowledged Monday the incident occurred at the Michael's Art Supply store shooting scene.

Malvo has not been charged in connection with the Michael's shooting, and it is unclear when police came to believe a child at that location might have been the intended target.

After an October 7 shooting of a 13-year-old student outside a Bowie, Maryland, middle school, Montgomery County Police Chief Charles Moose made impassioned remarks saying the sniper had stepped over a line by shooting a child.

Malvo, 18, is being held at the Fairfax County jail on a capital murder charge in the October 14 shooting of Linda Franklin, 47, at a parking lot outside a store.

Malvo and John Allen Muhammad, 42, have been linked to 20 shootings, including 13 deaths, in Virginia, Maryland, Alabama, Georgia, Louisiana and the Washington, D.C. area.


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