lol
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