Accidental discharge = felony?

[TheMoneyPit]

Thoughts on this?

Obviously we don’t know the whole story but if it truly was an accident I think a felony charge is a bit much.

Either way, glad nobody was injured.

 

[Kwalsh]

If it was a cop he would get promoted

 

[Shadow2]

If it was a cop he would get promoted

At minimum if he was a cop he'd get paid over time for the firearms safety retraining he'd be asked to take as part of his promotion.

 

[FrankenCub]

You'd think if it were more than a dumb ass move there would be more charges. So maybe break his bugger hook for messing with the bang switch when he shouldn't have. I dont see felony worth here. But in FUAC Land, felonies are just the ticket to keep Der Furher happy.
One less gun owner, permanently.

 

[Shadow2]

He's def a dumb ass, but is he felony level dumb ass? The goal might be to get him to plea a felony to remove his rights to firearms and no jail time.

 

[C3D]

If he was a cop, the article would have read “while the officer was cleaning his gun it discharged” and no charges would result.

 

[GOPerfect]

Seems like an appropriate charge.

 

[Marine Cpl]

If it was accidental as the press release states, then the charge doesn’t fit. You have to know that your actions are dangerous and do them anyway.

 

[GOPerfect]

I am pretty sure he knew there were other people in the house.

 

[repete]

It clearly states "a domestic incident" if the incident was an argument then he shouldn't have touched the gun at all!
It's a bit unclear and we could use some more facts.

 

[Marine Cpl]

Again. If it was an accidental or a negligent discharge meaning that he didn’t knowingly and intentionally discharge the weapon, the charge does not fit.


For example, in People v. Ceni, 986 N.Y.S.2d 866 (2014) the defendant poured liquid under an apartment door and attempted to ignite it. There were several people inside the apartment at the time. Ceni pleaded guilty to reckless endangerment in the first degree.

The use of a gun is often the basis for a reckless endangerment in the first degree charge. In People v. Heesh, 941 N.Y.S.2d 767 (2012), defendant Russell Heesh fired a gun through the window of his ex-girlfriend's bedroom window. At the time his ex-girlfriend and her new boyfriend were sleeping inside the bedroom. In People v. McGee, 930 N.Y.S.2d 117 (2011) defendant Demetrius McGhee and his co-defendant drove around a residential neighborhood intending to shoot a particular person. In the course of trying to shoot this person they shot at several residences. At the time there were several children playing in front of these homes. As a result McGhee was convicted of reckless endangerment in the first degree.

 

[Marine Cpl]

It clearly states "a domestic incident" if the incident was an argument then he shouldn't have touched the gun at all!
It's a bit unclear and we could use some more facts.

Except what shouldn’t be isn’t against the law. I’m not saying that I was there and know exactly what happened, but you have to intentionally do what you did.

If for example I’m arguing with the wife and decided to leave and holster my gun and because I was flustered, I unintentionally discharged it while stuffing it into my holster quickly, that wouldn’t fit the crime.

If I intentionally fired at the TV because she pissed me off, then the charge would fit the crime.


e·vinc·ing.
to show clearly; make evident or manifest; prove.


A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.

Reckless endangerment in the first degree is a class D felony.

 

[Acer-m14]

i'm reading the report above and they say it was unintentional .. right under his photo in the last sentence of the first paragraph ..

It clearly states "a domestic incident" if the incident was an argument then he shouldn't have touched the gun at all!
It's a bit unclear and we could use some more facts.

facts ...
like they were in a fight because he left the toilet seat up and and light in the bathroom was blown ..
and she got her ass all wet and stuck in it as she called 911 .. and he went back to cleaning his guns .. BOOM .. FK LOL ..

 

[Pale Rider]

Seems like an appropriate charge.

 

[Uzi]

"Mr. Gayes" Isn't that last name punishment enough?

 

[Blimey]

"Mr. Gayes" Isn't that last name punishment enough?

Poor bastard.

 

[Nevar]

If he was A cop He would be promoted,given a $$$ raise because at his own [ and family] risk he proved how An Ass-Salt lever gun is .

 

[Shadow2]

What if you get into an argument, while cleaning your gun?

 

[BDinPutnam]

What if you get into an argument, while cleaning your gun?

You've clearly made poor life choices leading up to that point.

 

[Cooolone]

Malicious prosecution if the charges are not consistent with similar cases. Of course they can do whatever tickles them... It is NY after all. Especially when riding the "make an example" horse!

If truly accidental, which of course I don't believe in Unicorns either... Then the "negligent discharge" should just be treated as such. Almost everywhere else it would be... Like geeeee, thank goodness nobody got hurt, now put that thing away and don't ever let that happen again!

FUNY & AC!

 

[Mr. terzmo]

My friend had an accidental discharge but all's he had to do was get married.

 

[Cleck]

Unintentional, but reckless. Someone could have gotten hurt if they woke up and got in the path of that round.

I'd also say it fits too. Don't be stupid w/ guns