BTW, for those who have been wondering...
I found out about the "bullet"...
Apparently the bullet totally shattered on the floor at the event, and did not richochet off into anything that could have been determined to be damaged by the discharge, other than the injury to the hand...
Apparently passing through the hand was almost enough to take an appreciable amount of velocity and energy out of the round to not be an issue...I also believe nothing was recovered in that regard...
Another reason the case was dissmissed was that the DA in their investigation discovered discrepancies in their witnesses and complatents testimonies...So they conferred with the defendents attorney and basically said, "What do you want to do?", at which point it became academic...
I believe this was the right call, both sides of the case came to a very welcome agreement and the judge in this case obviously agreed that this was a "fortunate" accident (with only minor injury and no deaths), and that the lesson has been learned...
The former defendant gets his CHL back immediately, all his property is returned, and life goes on...
The key to this is having a very knowledgable legal representative, be patient with them, and let them work the issues...Do not consider plea-ing anything if the attorney says it is still possible to get things reduced further or being outright dismissed, as in this case...
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Return to “Update on our Negligent Discharge case...”
- Thu Aug 16, 2007 9:04 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Update on our Negligent Discharge case...
- Replies: 32
- Views: 7270
- Sat Aug 11, 2007 10:57 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Update on our Negligent Discharge case...
- Replies: 32
- Views: 7270
This is why at first, I was a bit confused, but thats all the DA decided to, and could do, in this case...Renegade wrote:KBCraig wrote: PC 46.15 (the "non-applicability" of 46.02 and 46.03 "unlawfully carrying a weapon" sections) does not give an exemption for gun shows.30.06 ONLY applies to CHLs when carrying under CHL law. (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; If you are not carrying under CHL law, it is "negated".
I'm sure it would have been different if the discharge had hurt or killed someone else obviously...That would have complicated things no matter who it was...
- Sat Aug 11, 2007 6:54 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Update on our Negligent Discharge case...
- Replies: 32
- Views: 7270
Got that right...Thats why there was only one (1) charge of "deadly conduct" levied...Renegade wrote:30.06 is not enforceable at a gun show, because you are not carrying under CHL law, but under non-applicability of 46.15, just LIKE YOU WERE BEFORE you had a CHL.barres wrote:The gun show was posted PC30.06 by the organizers of the event who leased the GRB. But the perp/victim (not sure which to use in this case) was not prosecuted for violating it, either because the GRB is government owned keeping the 30.06 from being enforceable, or because the prosecutor chose not to pursue it, and we all know how Chuck Rosenthal feels about guns in citizens' hands. Does anyone care to point this out to Frankie?
A misdemeanor...The book that could have been thrown was: 9 months probation, 80 hours C. Service, $200 fine and loss of CHL for 5 years, with an added 2 years on top of that (I am still trying to figure out that part of it, but its not too important at this time)...
- Fri Aug 10, 2007 9:37 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Update on our Negligent Discharge case...
- Replies: 32
- Views: 7270
I'm glad this discussion I started hasn't gotten to heated...There are certainly lots of opinions and ideas about what happened...
My intention was to instigate in those willing to take the challenge to take a good look within, evaluate again how important safety is in what we do, because its obvious what we do is inheirently dangerous...That almost goes unsaid...
The book could have very well been thrown at this guy, and he knows it...
And having knowledgable representation is worth every penny if you run into a spot like this...
I believe it is clear that the individual that was involved with this understands fully the example they have laid out before us...I certainly have learned from it, and I believe others have as well...
Its not often we have something like this happen, this close to our group...
I for one will shoot with this person anytime in the future that an opportunity arises...Thats why I believe its important to stick together, and raise everyones awareness and be mindful of the dangers of what we do...
And dag-gummit! Still have some fun while we do it...
My intention was to instigate in those willing to take the challenge to take a good look within, evaluate again how important safety is in what we do, because its obvious what we do is inheirently dangerous...That almost goes unsaid...
The book could have very well been thrown at this guy, and he knows it...
And having knowledgable representation is worth every penny if you run into a spot like this...
I believe it is clear that the individual that was involved with this understands fully the example they have laid out before us...I certainly have learned from it, and I believe others have as well...
Its not often we have something like this happen, this close to our group...
I for one will shoot with this person anytime in the future that an opportunity arises...Thats why I believe its important to stick together, and raise everyones awareness and be mindful of the dangers of what we do...
And dag-gummit! Still have some fun while we do it...
- Fri Aug 10, 2007 12:54 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Update on our Negligent Discharge case...
- Replies: 32
- Views: 7270
By all means...I'm hip to the idea...barres wrote:The gun show was posted PC30.06 by the organizers of the event who leased the GRB. But the perp/victim (not sure which to use in this case) was not prosecuted for violating it, either because the GRB is government owned keeping the 30.06 from being enforceable, or because the prosecutor chose not to pursue it, and we all know how Chuck Rosenthal feels about guns in citizens' hands. Does anyone care to point this out to Frankie?
He'll probably say that the "organizers" were wrong, in not prosecuting the defendent...
We'll see...
- Fri Aug 10, 2007 9:37 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Update on our Negligent Discharge case...
- Replies: 32
- Views: 7270
Update on our Negligent Discharge case...
A few months ago we had an incident at the George R. Brown Convention Center involving a negligent discharge of a handgun at one of the vendor tables...
From the best that I can recall, this person was not arrested, but they were charged with one (1) count of "Deadly Conduct"...Thats it...No one else was injured except the person involved, a minor hand injury...
This person had just renewed their Texas CHL, and had that confiscated at that time by the invesigators along with their firearm(s) they had on them at that time...
From my perspective, in paying close attention to this incident, it was apparent to me that all parties involved, the defendent, investigators, along with the judicial side of this handled themselves with the upmost decency to get the situation resolved...
As of yesterday, I was informed that the case (that was handled in civil court) has been dismissed, and that all property has been returned, and the return of their CHL is pending, but will happen, due to some administrative paperwork needing to be done to finish that aspect of the case up...
Other than the legal fees paid, this appears to be the only financial hit on the defendent...
Obviously the injury will be a reminder to this person for a very long time, and that I still believe that this kind of thing can happen to anyone of us...
This is a case that we need to keep in mind for a while, and reflect on what we can do from a personal standpoint, to apply the lesson learned and do our best to not have this happen to us in the future...
From the best that I can recall, this person was not arrested, but they were charged with one (1) count of "Deadly Conduct"...Thats it...No one else was injured except the person involved, a minor hand injury...
This person had just renewed their Texas CHL, and had that confiscated at that time by the invesigators along with their firearm(s) they had on them at that time...
From my perspective, in paying close attention to this incident, it was apparent to me that all parties involved, the defendent, investigators, along with the judicial side of this handled themselves with the upmost decency to get the situation resolved...
As of yesterday, I was informed that the case (that was handled in civil court) has been dismissed, and that all property has been returned, and the return of their CHL is pending, but will happen, due to some administrative paperwork needing to be done to finish that aspect of the case up...
Other than the legal fees paid, this appears to be the only financial hit on the defendent...
Obviously the injury will be a reminder to this person for a very long time, and that I still believe that this kind of thing can happen to anyone of us...
This is a case that we need to keep in mind for a while, and reflect on what we can do from a personal standpoint, to apply the lesson learned and do our best to not have this happen to us in the future...