GlockTalk.com
Home Forums Classifieds Blogs Today's Posts Search Social Groups



  
SIGN-UP
Notices

Glock Talk
Welcome To The Glock Talk Forums.

 
  
Reply
 
Thread Tools Display Modes
Old 06-23-2013, 01:00   #1
w01
Senior Member
 
Join Date: Nov 2005
Posts: 163
23 y/o girl struck, killed by stray bullet

This is really horrible. I just can't imagine how I'd feel if it were my daughter.

http://mynorthwest.com/646/2298349/T...a-stray-bullet
w01 is offline   Reply With Quote
Old 06-23-2013, 06:33   #2
railfancwb
Senior Member
 
railfancwb's Avatar
 
Join Date: Sep 2008
Location: Shelbyville, Tennessee TN
Posts: 4,703
If the shot was fired by a felon not allowed to possess a gun, does it raise the death to the level of murder?
__________________
"Never give to your friend any power that your enemy may some day inherit." -- Paul Weyrich
railfancwb is offline   Reply With Quote
Old 06-23-2013, 08:56   #3
Ajon412
Senior Member
 
Join Date: Aug 2004
Location: NJ. Don't hold it against me
Posts: 3,913
Just awful......Prayers sent.....
__________________
"A man's got to know his limitations."-Harry Callahan
“...Fate rarely calls upon us at a moment of our choosing”
“The difficult is what takes a little time. The impossible is what takes a little longer.”
Ajon412 is offline   Reply With Quote
Old 06-23-2013, 14:40   #4
DaBigBR
No Infidels!
 
DaBigBR's Avatar
 
Join Date: Oct 2005
Location: Circling the wagons.
Posts: 15,924
Quote:
Originally Posted by railfancwb View Post
If the shot was fired by a felon not allowed to possess a gun, does it raise the death to the level of murder?
Murder is killing with malice aforethought, so no.
__________________
"Logic is rarely the engine that propels a police department forward."

-David Simon in "Homicide"
DaBigBR is offline   Reply With Quote
Old 06-23-2013, 15:17   #5
TK-421
Senior Member
 
TK-421's Avatar
 
Join Date: Oct 2012
Posts: 7,313
But wait a minute, the shot couldn't possibly have come from a felon, because we all know it's illegal for felons to be in possession of firearms, and they always follow the rules, so no felon would be in possession of a firearm. It must be a government conspiracy! We're doomed!
TK-421 is offline   Reply With Quote
Old 06-23-2013, 18:19   #6
Morris
CLM Number
Charter Lifetime Member
 
Join Date: Apr 2001
Location: North of Seattle, South of Canada
Posts: 11,701


The reality is that you essentially have two charges: felon in possession of a firearm and reckless endangerment. Hard to prove much beyond that.

It's tragic but not uncommon, especially in our rural areas of the state.
__________________
Neo-pagan, FORMER Libertarian, Cop, Gun Owner, Jewish Heritage - I'm the small talk at parties!

Certified Glock Armorer
Certified M&P Armorer

One day closer to retirement . . .
Morris is offline   Reply With Quote
Old 06-23-2013, 19:09   #7
Daltini
Senior Member
 
Daltini's Avatar
 
Join Date: Mar 2013
Posts: 311
Surprised I didn't hear about this until now. I'm from the same town.

):
Daltini is offline   Reply With Quote
Old 06-24-2013, 06:40   #8
RocPO
Senior Member
 
Join Date: Sep 2009
Location: Stacked up on your door
Posts: 903
Quote:
Originally Posted by Morris View Post
The reality is that you essentially have two charges: felon in possession of a firearm and reckless endangerment. Hard to prove much beyond that.

It's tragic but not uncommon, especially in our rural areas of the state.
Manslaughter.

Sent from my DROID RAZR using Ohub Campfire mobile app
RocPO is offline   Reply With Quote
Old 06-24-2013, 07:08   #9
merlynusn
Senior Member
 
merlynusn's Avatar
 
Join Date: Nov 2007
Location: NC
Posts: 3,316
best case scenario would be involuntary manslaughter. But you'd have to show they were negligent. The firearm by felon might help. But it would depend on all the circumstances.
merlynusn is offline   Reply With Quote
Old 06-24-2013, 07:18   #10
LEOson
Senior Member
 
Join Date: Aug 2012
Location: Middle America
Posts: 362
Quote:
Originally Posted by merlynusn View Post
best case scenario would be involuntary manslaughter. But you'd have to show they were negligent. The firearm by felon might help. But it would depend on all the circumstances.
Actually I'd be willing to be proving negligence wouldn't be too hard. They clearly didn't have a solid backstop and didn't verify anything beyond their target.
LEOson is offline   Reply With Quote
Old 06-24-2013, 08:06   #11
merlynusn
Senior Member
 
merlynusn's Avatar
 
Join Date: Nov 2007
Location: NC
Posts: 3,316
Quote:
Originally Posted by LEOson View Post
Actually I'd be willing to be proving negligence wouldn't be too hard. They clearly didn't have a solid backstop and didn't verify anything beyond their target.
Not saying it would be hard. But it isn't cut and dried. You can prove it by those things. But again, it depends on the circumstances. If they were at an established gun range following all safety procedures, it would be a lot harder.

Like I said, it's part of the investigation and falls under the totality of the circumstances. Which determines what the charges are going to be.
merlynusn is offline   Reply With Quote
Old 06-24-2013, 08:11   #12
Quigley
Elite Member
 
Quigley's Avatar
 
Join Date: Mar 2010
Location: Virginia
Posts: 2,911
Blog Entries: 1
In order for bullet to strike from over a half mile it would have to be at a pretty steep angle (some more than others depending on the round). shooting into the air with anything other than birdshot is negligent in and of its self.
__________________
GTDS Certified Member # 6

GREEN IS THE NEW RED
Quigley is offline   Reply With Quote
Old 06-24-2013, 16:04   #13
LEOson
Senior Member
 
Join Date: Aug 2012
Location: Middle America
Posts: 362
Quote:
Originally Posted by merlynusn View Post
Not saying it would be hard. But it isn't cut and dried. You can prove it by those things. But again, it depends on the circumstances. If they were at an established gun range following all safety procedures, it would be a lot harder.

Like I said, it's part of the investigation and falls under the totality of the circumstances. Which determines what the charges are going to be.
That may be, but it's highly likely, given that one was a felon, that they weren't using an established range and following proper safety procedure. Added to the fact that for a bullet for go a half mile, they probably were aiming at a pretty serious upward angle.
LEOson is offline   Reply With Quote
Old 06-24-2013, 18:21   #14
Morris
CLM Number
Charter Lifetime Member
 
Join Date: Apr 2001
Location: North of Seattle, South of Canada
Posts: 11,701


Prosecutors in this area, for some reason, are reluctant to charge for manslaughter. Hence, RE will likely be the charge as it is easier to prove with lesser intent concerns. Not right but reality.
__________________
Neo-pagan, FORMER Libertarian, Cop, Gun Owner, Jewish Heritage - I'm the small talk at parties!

Certified Glock Armorer
Certified M&P Armorer

One day closer to retirement . . .
Morris is offline   Reply With Quote
Old 06-25-2013, 12:52   #15
pgg00
Senior Member
 
pgg00's Avatar
 
Join Date: Jun 2008
Location: Fled the emerald triangle
Posts: 2,589
I was hearing this on my car radio on my way in to work that night. Tragic. Especially since they only had $5k worth of bail each.
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 signatures.


WiskyT :whistling:
There's nothing like the fact that you can take educated professionals with everything on the line and add a little booze and they act like juniors in HS.
pgg00 is offline   Reply With Quote

 
  
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump




All times are GMT -6. The time now is 05:03.




Homepage
FAQ
Forums
Calendar
Advertise
Gallery
GT Wiki
GT Blogs
Social Groups
Classifieds


Users Currently Online: 502
112 Members
390 Guests

Most users ever online: 2,672
Aug 11, 2014 at 2:31