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Father charged in BB gun shooting death of 18-month-old boy
#1
Father charged in BB gun shooting death of 18-month-old boy

Read more: http://www.foxnews.com/us/2013/08/31/fat...z2db6c3P9n

Quote:The toddler’s father, Jesse Sellers, 23, reportedly told police he was playing with the gun when it accidentally went off, MyFoxAtlanta.com reported. Sellers has been charged with second-degree cruelty to children and felony murder.

Police say six people, including three children, were in the home at the time of the shooting.

Witnesses reported seeing Sellers running out of the apartment yelling for help and directing paramedics when they arrived.

Police say the child was taken to Grady Hospital and later died.

Read more: http://www.myfoxatlanta.com/story/232994...y-critical

It's a shame people do not exercise the proper respect and caution when dealing with any item could harm other. Not knowing all the specified, I'm not sure how I feel about the specific charges filed. Some legal charges are needed but a father losing a child seems like quite the punishment itself.
Howard Bullock, proud to be a member of pa2a.org since Sep 2012.
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#2
Murder may not be the proper charge, then again it might be..

I just don't know enough. If it was truly an accident then no charge should be made..
Howard Bullock;117303 Wrote:Father charged in BB gun shooting death of 18-month-old boy

Read more: http://www.foxnews.com/us/2013/08/31/fat...z2db6c3P9n

Quote:The toddler’s father, Jesse Sellers, 23, reportedly told police he was playing with the gun when it accidentally went off, MyFoxAtlanta.com reported. Sellers has been charged with second-degree cruelty to children and felony murder.

Police say six people, including three children, were in the home at the time of the shooting.

Witnesses reported seeing Sellers running out of the apartment yelling for help and directing paramedics when they arrived.

Police say the child was taken to Grady Hospital and later died.

Read more: http://www.myfoxatlanta.com/story/232994...y-critical

It's a shame people do not exercise the proper respect and caution when dealing with any item could harm other. Not knowing all the specified, I'm not sure how I feel about the specific charges filed. Some legal charges are needed but a father losing a child seems like quite the punishment itself.
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#3
I disagree that a true accident should never result in a criminal charge. Negligence can be criminal. If there is no evidence of negligence (which is VERY doubtful) then no charges should be filed.
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#4
bac0nfat;117338 Wrote:I disagree that a true accident should never result in a criminal charge. Negligence can be criminal. If there is no evidence of negligence (which is VERY doubtful) then no charges should be filed.

http://legal-dictionary.thefreedictionar...negligence

Quote:Negligence
Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
If he accidentally pulled the trigger it isn't negligence. though people often twist these things to fit the definition..
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#5
Legal definition =/= actual definition.
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#6
bac0nfat;117362 Wrote:Legal definition =/= actual definition.

Except for maybe , oh I don't know, in a legal situation. .
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#7
ExcelToExcel;117368 Wrote:
bac0nfat;117362 Wrote:Legal definition =/= actual definition.

Except for maybe , oh I don't know, in a legal situation. .

Do you mean like when it comes down to something like 'It depends on what the meaning of "is" is'?
There are three types of people in the world:
Those who make things happen,
Those who watch things happen,
And those who wonder what happened.
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#8
ExcelToExcel;117368 Wrote:
bac0nfat;117362 Wrote:Legal definition =/= actual definition.

Except for maybe , oh I don't know, in a legal situation. .

Are we talking about how the law currently is, or how we believe it should be?
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#9
bac0nfat;117380 Wrote:
ExcelToExcel;117368 Wrote:Except for maybe , oh I don't know, in a legal situation. .

Are we talking about how the law currently is, or how we believe it should be?

We're talking about the definition of it.
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#10
ExcelToExcel;117381 Wrote:
bac0nfat;117380 Wrote:Are we talking about how the law currently is, or how we believe it should be?

We're talking about the definition of it.

Okay because my first post in this thread was about how I believe the law should be, not how it actually is. My point is that I think some accidents warrant criminal charges, if you can prove that (wont use the word negligence) carelessness was involved. A freak accident is one thing, but if you are drunk and waving a loaded gun around like an idiot, and accidentally shoot someone in the process, you should be charged with a crime. But if you are holstering and the trigger snags on something and the gun discharges through the floor and hits someone on the floor below you, I don't think any charges are necessary. Somewhere between those two extremes there is a line, and we all might draw it in a different place but I think we can agree that there is a line somewhere.
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