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Family of Lady Shot in Restaurant Wants to File Charges
Posted: Mon Feb 14, 2011 10:36 pm
by Aggie_engr
"We feel that there should be both criminal and civil penalties for this reckless and negligent behavior," said Richard Barker of Kingwood.
"Meanwhile, the man whose gun fired the bullet is not facing charges at this time, although prosecutors say that could change. His name is not being released because he has not been charged with a crime."
"It scares me if that were the truth because that means he had a loaded weapon in his house and he didn’t know where the gun was," said Barker. "Our message is if you’re going to carry a gun, you should carry it safely and securely so something like this doesn’t happen. And if you don’t carry it safely and securely, that there are consequences both criminal and civil."
http://www.khou.com/home/Family-of-woma ... 36564.html" onclick="window.open(this.href);return false;
Might not be looking too good for this guy in his near future...
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 1:07 am
by stroo
How do you not know that you have a gun in your jacket pocket???? I have carried in my jacket pockets and even my Kel tec P 11 is heavy enough to make its presence clearly known.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 7:59 am
by speedsix
...civil liability but probably no criminal charges...and, if he has CHL, he may be set up for a review...sad...
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 8:05 am
by C-dub
A 10mm derringer type pistol. WOW! I bet that thing kicks pretty good when fired.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 9:13 am
by alvins
i guess if it was light enough you could not feel it.i once carried a large screw driver into the fbi building in wash dc without realising it until i stuck my hand into the inside pocket of my jacket.going through x ray and metal detectors no one ever questioned me about it.we were going on one of the public tours.
now when we went to the pentagon the dude got all wierd that i signed my name different from my drivers licens. our government at work.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 9:19 am
by LongHairedRedneck
I find it interesting that the Son of the lady who was shot is the one wanting CIVIL and Criminal charges filed. I think he is looking for a paycheck.
Also surprised the "Antis" are not all over this shooting.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 6:44 pm
by Mike1951
The original reports stated it was a derringer and the comments indicated it was .38 caliber.
Where did 10mm come in? The comments following the above linked article talk about it being a Delta Elite, which is a full size 1911 in 10mm.
You absolutely are aware of the weight of a 1911.
Bond Arms offers both .40 S&W (10mm diam) and 10mm barrels for their derringers. These derringers have a hammer block safety, that if engaged, would not have allowed the gun to fire. I would not carry a Bond without the safety engaged.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 7:11 pm
by WildBill
LongHairedRedneck wrote:I find it interesting that the Son of the lady who was shot is the one wanting CIVIL and Criminal charges filed. I think he is looking for a paycheck.
I wondered about this also. The woman who was injured is not seeking damages, but "the family" is going to file a lawsuit.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 7:52 pm
by flintknapper
WildBill wrote:LongHairedRedneck wrote:I find it interesting that the Son of the lady who was shot is the one wanting CIVIL and Criminal charges filed. I think he is looking for a paycheck.
I wondered about this also.
The woman who was injured is not seeking damages, but "the family" is going to file a lawsuit.
That doesn't mean she is not in agreement with it. Besides the woman is still recovering from a grievous wound.
I would (and do) support ANYONE that wants to bring either civil or criminal suits in this case.
This was NOT "just one of those unfortunate things" we should overlook. In fact, as responsible gun owners...we should always be
policing our own.
I see absolutely nothing wrong with the family making a point...with this tragedy.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 8:09 pm
by Big Tuna
His gun was in his possession immediately before it hit the floor and fired the bullet that injured the woman. He or his insurance should be covering her medical costs at least.
If he really said he didn't know he had a loaded gun in his pocket, that sounds pretty negligent to me, and I'm pro gun. Just imagine how the average jury in Houston would see a loaded gun, shoved in a pocket, no holster, he forgot it was there. I don't think it would be difficult to persuade the jury "it constitutes a gross deviation from the standard of care that an ordinary person would exercise" with a gun. But IANAL.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 8:12 pm
by Aggie_engr
I don't have anything to contribute as to what should or shouldn't be done in this case. All I can say is that it is a horrendous experience for both parties involved.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 8:26 pm
by WildBill
flintknapper wrote:WildBill wrote:LongHairedRedneck wrote:I find it interesting that the Son of the lady who was shot is the one wanting CIVIL and Criminal charges filed. I think he is looking for a paycheck.
I wondered about this also.
The woman who was injured is not seeking damages, but "the family" is going to file a lawsuit.
That doesn't mean she is not in agreement with it. Besides the woman is still recovering from a grievous wound.
I was just making an observation. I have no problem with the family acting to to protect this woman's interests according to her wishes. In other cases there have been lawsuits from family members who are just wanting take advantage of a situation for their own gain.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 11:01 pm
by surprise_i'm_armed
In a news item from the time of the unfortunate ND,
the gun owner stated that the derringer was in a jacket that
he had not worn in a long time - and he forget the derringer
was in the jacket.
Not knowing where all your guns are? Sounds negligent to me.
SIA
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Tue Feb 15, 2011 11:02 pm
by gigag04
I'm no lawyer - but what pretty sure they don't have ANY legal standing to request prosecution.
Re: Family of Lady Shot in Restaurant Wants to File Charges
Posted: Wed Feb 16, 2011 7:08 am
by LongHairedRedneck
WildBill wrote:flintknapper wrote:WildBill wrote:LongHairedRedneck wrote:I find it interesting that the Son of the lady who was shot is the one wanting CIVIL and Criminal charges filed. I think he is looking for a paycheck.
I wondered about this also.
The woman who was injured is not seeking damages, but "the family" is going to file a lawsuit.
That doesn't mean she is not in agreement with it. Besides the woman is still recovering from a grievous wound.
I was just making an observation. I have no problem with the family acting to to protect this woman's interests according to her wishes. In other cases there have been lawsuits from family members who are just wanting take advantage of a situation for their own gain.
I was just saying what I thought, its a opinion.