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No charges filed against guys who shot holes in neighbor's home during target practice

Posted on 2/24/15 at 7:59 pm
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/24/15 at 7:59 pm
This happened in a residential area and includes shooting out the window in a child's bedroom. Investigators said that since there were multiple people shooting guns that they couldn't tell who's bullets did what and thus they can't press charges. I wonder if others will use that defense in the future. Just get multiple gunmen and point the finger at each other.

quote:

No charges will be filed against a Hillsborough County sheriff’s detention deputy, a local firefighter or several of their friends who were taking target practice when a Lithia woman’s home was damaged by bullets.


quote:

Among the firearms being shot was an AK 47, according to authorities. No one was injured in the Jan. 24 incident, but damage to Dawn Bryan’s Porter Road home amounted to $6,000, she said, and included holes in the walls, trim, a pool cage and a shot-out window above a crib in a child’s room.



quote:

The neighbor, Hillsborough County Fire Rescue firefighter Scott Radford, and his friends, which included Hillsborough County sheriff’s detention deputy Paul Adee, admitted to responding deputies that they were shooting guns but said they weren’t aware some of the the rounds had struck Bryan’s home. With deputies present, Radford told Bryan that he would pay for the damage.


quote:

Sheriff’s spokeswoman Debbie Carter said that because the state filed no charges, there would be no departmental review of Adee.

“No laws were broken,” she said. “So there was no action taken.”


How do you not know that you may be shooting bullets near somebody's home?? Seems completely reckless. I have guns and am very mindful of when and where I shoot them.

quote:

LINK
This post was edited on 2/24/15 at 8:18 pm
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57426 posts
Posted on 2/24/15 at 8:07 pm to
Appeal to the top.
Posted by Hangit
The Green Swamp
Member since Aug 2014
39038 posts
Posted on 2/24/15 at 8:19 pm to
Everything else being equal, what kind of laws would have been broken had it been John Smith, welfare recipient, with pit bull present?
Posted by el Gaucho
He/They
Member since Dec 2010
52910 posts
Posted on 2/24/15 at 8:28 pm to
look at this commie that hates gun rights
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/24/15 at 8:36 pm to
quote:

Everything else being equal, what kind of laws would have been broken had it been John Smith, welfare recipient, with pit bull present?



None. Invite your friends over and spray your neighbor's home with bullets. A home for adopted and foster children, no less. Law enforcement will do nothing.
This post was edited on 2/24/15 at 8:37 pm
Posted by Hangit
The Green Swamp
Member since Aug 2014
39038 posts
Posted on 2/24/15 at 8:52 pm to
790.15 Discharging firearm in public or on residential property.—
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 2/24/15 at 8:57 pm to
Hmmm seems to fit the definition of a criminal conspiracy. Conspiracy to do what you ask?

Section 13A-11-61

Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty.

(a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state.

(b) Any person who commits an act prohibited by subsection (a) with respect to an occupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft shall be deemed guilty of a Class B felony as defined by the state criminal code, and upon conviction, shall be punished as prescribed by law.

ETA: Great minds think alike Hangit.

Charge them all with that and offer pleas to menacing and reckless endangerment. The menacing would stop the issuing of a CCP in AL (usually).
This post was edited on 2/24/15 at 8:59 pm
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/24/15 at 9:01 pm to
quote:

Hmmm seems to fit the definition of a criminal conspiracy.


It's obviously a cover-up by the police to protect people they know. You really think they wouldn't have found a way to press charges if they were regular Joes?

I'm curious what would have happened if a bullet had of hit a child. An "unfortunate situation all-around", I'm sure.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 2/24/15 at 9:03 pm to
quote:

It's obviously a cover-up by the police to protect people they know.


Or a small shop that doesn't know what the hell they are doing. (small departments is a whole other thread). Someone needs to contact the state's attorney general.

He who knows the rules......wins.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 2/24/15 at 9:09 pm to
quote:

shot-out window above a crib in a child’s room.


Not trying to be an internet badass here.

I'm looking outside the law for retribution on this part.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 2/24/15 at 9:22 pm to
quote:

Or a small shop that doesn't know what the hell they are doing. (small departments is a whole other thread).


Hillsborough County Sheriff's Office has over 2,000 officers and over 3,000 employees total.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 2/24/15 at 9:24 pm to
quote:

Hillsborough County Sheriff's Office has over 2,000 officers and over 3,000 employees total.


On to the state AG. The state should have been investigating anyway if anyone from that agency was involved.
Posted by Cracker
in a box
Member since Nov 2009
17669 posts
Posted on 2/24/15 at 9:44 pm to
if a cop can break a kids jaw with no repercussions why should this shock me?
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 2/24/15 at 9:57 pm to
Not sure about the laws there but in Louisiana they would at least be Principals to the crime.


quote:

§24. Principals
All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.



LINK
This post was edited on 2/24/15 at 10:03 pm
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 2/24/15 at 10:00 pm to
Sounds like the same principles of a conspiracy in AL. Bottom line charge everyone (like drugs found in a car with multiple occupants) and let the case proceed. Constructive possession like constructive culpability.

ETA

This is neither a pro or anti cop post. It is a, if this this happened to my household I come out with an AR and stop incoming rounds type post.
This post was edited on 2/24/15 at 10:02 pm
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