Posted on 12/21/2018 7:51:24 PM PST by DUMBGRUNT
Nailed it
Fire the @@$hole!
For second degree assault, it must be shown an intent to cause “bodily injury.” An accidental discharge of a weapon that causes bodily harm is not intentional. So going after a second degree was just as stupid as the agent as they could obviously not prove intent.
In Colorado, third degree assault applies when there is no intent to cause bodily harm, but instead when a person knowingly or recklessly causes bodily harm or does so negligently by means of a deadly weapon. And it is a misdemeanor punishable by up to 6 months in prison. But third degree assault — 18-3-204 C.R.S., opens up using the term “With criminal negligence…” The act may be stupid maybe, but not criminal. The shot person is going for money to cover his bill, not jail the stupid one. This article is another background noise item.
rwood
There is no such thing as an "accidental discharge."
The correct description is, "negligent discharge."
“Well, three of them are in my local militia group.”
I had always heard that half the membership of militias are FBI agents and the other half are FBI informants.
Maybe not. But when things reach a crisis point where armed citizens take to the streets, it will be militias that act as the nucleus of a much larger gathering of civilian forces.
Where else do we turn?
It didn’t look to me like he even checked to see if his bullet struck someone. He walked away in another direction from where the bystander was hit. That seems irresponsible.
Thanks!
There ya go
“”negligent discharge.”
Unintentional discharge is the event of a firearm discharging (firing) at a time not intended by the user. An unintended discharge may be produced from an incompatibility between firearm design and usage all the way down to a mechanical error, induced due to training issues or a simple accident. He had no way of knowing the weapon would slip out of the holster and fall just right to achieve the result he didn’t want to happen. And I have never heard of anyone being told that the weapon could get out of the holster if the wearer was doing a back flip.
And if there is no possibility to an accident, then why does Colorado law have a third level charge defining it as a misdemeanor with a far lessened sentence only deciding no intent? There is no way to prepare for anything. There are ways to decrease a possibility of something happening. But not anything.
rwood
Would be interesting to know what type of handgun it was that would accidentally discharge when being dropped......
Strike that comment since we don't know........
I stand by my comment.
There is no such thing as an accidental discharge.
Are you at all familiar with firearms?
I would certainly be willing to give him the benefit of the doubt this case… I think he dug a hole deep enough as it is without any help from me.
I agree with that.......
“Are you at all familiar with firearms?”
Funny you should ask. I was born on a ranch and was hunting rabbits, quail and dove at 8. In 21 years with the military I shot expert marksman 4 times with converted, scopeless M16’s (22 inserts), I have used weapons in combat in Vietnam, the Middle East, Granada, Iraq and Afghanistan to name a few. I stopped using weapons in 1995 when I retired but still have a .20 gauge shotgun in the house for protection (Small enough for my wife to handle). And I was training troops from 2000 till 2012 that were being trained on weapons and I was teaching disarmament of small arms combatives as part of my work with Uncle Sugar. I haven’t physically discharged a weapon since 2000. Got enough of it for a lifetime. They are not a toy to me, they were a tool.
Now, are you familiar with the law of Colorado? The question being examined here is law and it’s interpretation of the act in Colorado where the event happened not terminology of guns used in different parts of the country. In Colorado, they have three types of determination concerning this act of discharge and the word accidental is in them. So if it’s your concern about what you were taught is inconsistent with what Colorado law says, I’m certainly not the one to pick it up with. I didn’t write them, I don’t live there, but I can read them.
In Washington state, where I do live, and relatively consistent with the misdemeanor determination in Colorado, our RCW 9A.20.010 states: “ (2) Misdemeanors and Gross Misdemeanors. (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor.” So the mistake of discharging a weapon without intent, is treated a little different with a possible fine, also. Depends on where you are.
But your saying that anything that happens can be predetermined and therefore considered criminal, is not within human capacity. And different states have different law determinations that have an effect on definition of an act. If this is a problem, you might check out negligence laws in different states. They are not all a one size fits all.
Have a Merry Christmas,
rwood
Blue privilege.
Nobody is ever held accountable in .gov
Try screwing up as a member of the military.
Law Enforcement are a protected class.
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