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20 year old killed in accidental shooting - Negligent Homicide charges -- OT opinion?
Posted on 9/19/20 at 10:29 am
Posted on 9/19/20 at 10:29 am
quote:
By WAFB Staff | September 19, 2020 at 10:05 AM CDT - Updated September 19 at 10:05 AM
BATON ROUGE, La. (WAFB) - The Baton Rouge Police Department is investigating a reported accidental shooting in the 800 block of North 7th Street around 6:40 p.m. on Friday, Sept. 18.
Investigators believe that two friends had just returned home from a shooting range when Brandon Spratley, 19, was attempting to unload his handgun, when he accidentally discharged it striking Jermaine Sampson, 20.
Sampson later succumbed to his injuries at a local hospital.
Spratley was booked in the East Baton Rouge Parish Prison on the charge of Negligent Homicide.
I am unsure how I feel about this but I think I lean towards being against negligent homicide charges being filed here. Unless it can be proven that Spratley was just extremely negligent, as in unloading his gun while intentionally pointing at the victim and acting as though he was going to shoot them, I think this is bullshite.
Sure, all gun owners are supposed to take the utmost care and responsibility to be safe while operating their firearm but accidents happen and sometimes they're tragic. I'm not sure how I feel here.
19
Posted on 9/19/20 at 10:30 am to TDsngumbo
That’s a tragic situation and I know he has to feel terrible killing his friend.
Posted on 9/19/20 at 10:32 am to TDsngumbo
quote:
Sure, all gun owners are supposed to take the utmost care and responsibility to be safe while operating their firearm but accidents happen and sometimes they're tragic. I'm not sure how I feel here.
When you kill someone by accident, but it’s completely preventable by not having the gun pointing at the person, negligent homicide is precisely what happened.
Posted on 9/19/20 at 10:34 am to slackster
quote:
When you kill someone by accident, but it’s completely preventable by not having the gun pointing at the person, negligent homicide is precisely what happened.
Posted on 9/19/20 at 10:35 am to TDsngumbo
If a person goes to a shooting range, they know basic firearm safety. If that person returns home and can't safely unload his firearm, that is dangerous. If that person can't safely unload his gun, and does so with a person in the line of fire, that is negligence.
Posted on 9/19/20 at 10:35 am to TDsngumbo
These facts, without more, do not seem to rise to the level of criminal negligence required for a charge of negligent homicide
Criminal negligence - gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.
Criminal negligence - gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.
This post was edited on 9/19/20 at 10:44 am
Posted on 9/19/20 at 10:37 am to TDsngumbo
Also, the punishment for negligent homicide is no more than 5 years in prison or $5,000 fine. Could obviously be much less.
It’s still tragic though.
It’s still tragic though.
Posted on 9/19/20 at 10:40 am to TDsngumbo
He isn’t going to go to jail for long. Shitty situation but pay attention when unloading guns and don’t have them pointing towards your friends
Posted on 9/19/20 at 10:40 am to TDsngumbo
Unless his friend somehow put himself in front of the firearm, it seems like the correct charge.
Posted on 9/19/20 at 10:42 am to TDsngumbo
Was the gun legal? Obviously he couldn't buy it for himself.
Posted on 9/19/20 at 10:43 am to TDsngumbo
The question becomes, do we actually benefit from locking someone away for something like this?
quote:Where is the societal benefit here?
Also, the punishment for negligent homicide is no more than 5 years in prison or $5,000 fine. Could obviously be much less.
This post was edited on 9/19/20 at 10:44 am
Posted on 9/19/20 at 10:44 am to Scruffy
quote:
The question becomes, do we actually benefit from locking someone away for something like this?
Yes he was clearly a danger to society. He took away someone’s child and needs some time to sit and think about what he did.
Posted on 9/19/20 at 10:47 am to diat150
quote:For an accidental situation?
Yes he was clearly a danger to society.
Not really buying that.
Will locking him up protect others?
Is there data showing that people who do something like this are repeat offenders?
Is there data that shows that people who go to prison, even for smaller crimes than this, come out worse off than they did prior?
Posted on 9/19/20 at 10:51 am to TDsngumbo
That sounds like a textbook example of negligent homicide. That crime is actually a misdemeanor in some jurisdictions, and under some circumstances. The law cares about intent.
That said, I don't think 19-year-olds should be allowed to possess handguns unsupervised.
That said, I don't think 19-year-olds should be allowed to possess handguns unsupervised.
Posted on 9/19/20 at 10:51 am to Scruffy
There is none
A lot of these kind of cases end up with no jail time but serious restrictions like home arrest instead
A lot of these kind of cases end up with no jail time but serious restrictions like home arrest instead
Posted on 9/19/20 at 10:52 am to TDsngumbo
Rule #1 of firearm safety: Always point the muzzle in a safe direction and treat it as if the gun is loaded.
Not to mention, every shooting range I’ve been to had rules that guns are to be unloaded when you’re entering and leaving. Only supposed to be loaded when you’re at the firing line and range is hot.
He was negligent in not following basic safety, so the charge is appropriate. Sad situation.
Not to mention, every shooting range I’ve been to had rules that guns are to be unloaded when you’re entering and leaving. Only supposed to be loaded when you’re at the firing line and range is hot.
He was negligent in not following basic safety, so the charge is appropriate. Sad situation.
Posted on 9/19/20 at 10:52 am to Glistening Member
quote:
If a person goes to a shooting range, they know basic firearm safety.
Based on my experience at numerous gun ranges nothing could be further from the truth. There are ranges I will not use due to the lack of concern for safety by other shooters.
Posted on 9/19/20 at 10:52 am to TDsngumbo
Manslaughter.
Posted on 9/19/20 at 10:52 am to TDsngumbo
Mark this up as another COVID victim.
Posted on 9/19/20 at 10:55 am to Scruffy
quote:
For an accidental situation?
He killed someone. Accident or not his negligence caused a loss of life.
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