What Is Negligence?
The Cincinnati Prosecutor has scheduled a big news conference on Monday to announce his decision on whether charges, if any, will be filed against the parents of the boy who fell in the gorilla cage. I hate to say it, but I kind of chuckled and just shook my head when I heard that. Charge them with what? Child endangerment? Not likely. Taking your child to the zoo isn't necessarily dangerous. Negligence? A possibility, but again not likely. What really qualifies as negligence?
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Two-year-old Kiyan Shelton found his mother's handgun in her purse and discharged it, hitting himself in the shoulder. He was taken to a local hospital and died hours later. Indianapolis Police announced that his mother, who had a license for the handgun, would not face charges.
While at home with his mom, three-year-old Christopher Griffith found his father's .357-caliber handgun and discharged it, hitting himself in the chest. He was pronounced dead at the scene by emergency responders. The Dearborn County Sheriff's Office announced they would not be filing charges against his parents.
A six-year-old boy found his father's .38-caliber handgun and was playing with it when he discharged it, hitting his father, 62-year-old James Lonaker, in the head. Lonaker was airlifted to an area hospital and died hours later. County Police announced they were not expecting to file charges in the case.
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These are three cases from just this year. And from just one state. Indiana. But to be fair, I can understand why there weren't charges filed in the third case. The negligent person was killed. That doesn't say that there are never charges filed though. But it's usually not the person who's responsible for seeing that the gun is secured.
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While playing with a friend's handgun, 13-year-old Dennis Warren pulled the trigger, thinking the gun was unloaded, and discharged it, hitting his friend, 15-year-old Senquez Jackson, in the head. Jackson was taken to a local hospital and pronounced dead hours later. After weeks of investigation, Warren was arrested and charged with involuntary manslaughter.
While sitting in his backyard, a 17-year-old boy unintentionally discharged a shotgun he was carrying and hit his 14-year-old friend, Colby Fouch, in the head, killing him. The older boy initially told police the two were hunting at the time of the incident, but later confessed to discharging the gun while playing with it. The boy was arrested and charged with discharging a firearm in a grossly negligent manner.
A 12-year-old boy was playing with a gun he believed to be unloaded inside his home when he pulled the trigger, hitting and killing his friend, 13-year-old Matthew Cisneros. The boy was arrested and charged with manslaughter.
A 14-year-old boy was cleaning his grandfather's shotgun while visiting his grandparent's home when the gun discharged, shooting the boy's grandfather, 56-year-old Teddy Jackson, in the head, killing him. The boy was arrested and charged with reckless homicide.
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So there have been plenty of people held responsible, but not usually a parent. If a parent is charged it's almost always in regard to a felon in possession of a gun or other illegal activity. Rarely is anyone charged who has a legally owned firearm.
On average 124 kids under the age of 18 are killed unintentionally every year and 29% of them are killed at grandma and grandpas house. 3,061 are unintentionally shot but survive.
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May 21, 2016. Five-year-old Haley Moore found her father's handgun on a table where he had left it while taking a shower, and discharged it, hitting herself in the head. She was taken to a local hospital and pronounced dead. LaPlace Police announced they were investigating the incident, and that Moore's father was licensed to carry the gun at the time of the incident.
This case should be a clear cut example of a parent being negligent, but even in its early stages it doesn't appear charges will be filed. According to police, "It's pretty open and shut, clearly evidence, statements pretty much confirm that it was an accidental shooting."
According to Webster an accident is an "unforeseen event or circumstance." Calling this death an accident surely stretches that definition. But luckily for this father, Webster also says an accident can be an "unfortunate event resulting especially from carelessness or ignorance." And there's no crime for being stupid.
So come Monday the Hamilton County Prosecutor will stand at a dais surrounded by microphones and make a big deal about his decision. I doubt there will be charges, but if there is, well let's just say the definitions of accident and negligence will need to be rewritten.
Sources and material:
http://everytownresearch.org/wp-content/uploads/2015/06/Appendix20-39.pdf
http://everytownresearch.org/notanaccident/#1201
http://www.bradycampaign.org/key-gun-violence-statistics
http://www.nola.com/crime/index.ssf/2016/05/no_arrest_in_death_of_5-year-o.html
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Two-year-old Kiyan Shelton found his mother's handgun in her purse and discharged it, hitting himself in the shoulder. He was taken to a local hospital and died hours later. Indianapolis Police announced that his mother, who had a license for the handgun, would not face charges.
While at home with his mom, three-year-old Christopher Griffith found his father's .357-caliber handgun and discharged it, hitting himself in the chest. He was pronounced dead at the scene by emergency responders. The Dearborn County Sheriff's Office announced they would not be filing charges against his parents.
A six-year-old boy found his father's .38-caliber handgun and was playing with it when he discharged it, hitting his father, 62-year-old James Lonaker, in the head. Lonaker was airlifted to an area hospital and died hours later. County Police announced they were not expecting to file charges in the case.
+++++++++
These are three cases from just this year. And from just one state. Indiana. But to be fair, I can understand why there weren't charges filed in the third case. The negligent person was killed. That doesn't say that there are never charges filed though. But it's usually not the person who's responsible for seeing that the gun is secured.
++++++++
While playing with a friend's handgun, 13-year-old Dennis Warren pulled the trigger, thinking the gun was unloaded, and discharged it, hitting his friend, 15-year-old Senquez Jackson, in the head. Jackson was taken to a local hospital and pronounced dead hours later. After weeks of investigation, Warren was arrested and charged with involuntary manslaughter.
While sitting in his backyard, a 17-year-old boy unintentionally discharged a shotgun he was carrying and hit his 14-year-old friend, Colby Fouch, in the head, killing him. The older boy initially told police the two were hunting at the time of the incident, but later confessed to discharging the gun while playing with it. The boy was arrested and charged with discharging a firearm in a grossly negligent manner.
A 12-year-old boy was playing with a gun he believed to be unloaded inside his home when he pulled the trigger, hitting and killing his friend, 13-year-old Matthew Cisneros. The boy was arrested and charged with manslaughter.
A 14-year-old boy was cleaning his grandfather's shotgun while visiting his grandparent's home when the gun discharged, shooting the boy's grandfather, 56-year-old Teddy Jackson, in the head, killing him. The boy was arrested and charged with reckless homicide.
+++++++
So there have been plenty of people held responsible, but not usually a parent. If a parent is charged it's almost always in regard to a felon in possession of a gun or other illegal activity. Rarely is anyone charged who has a legally owned firearm.
On average 124 kids under the age of 18 are killed unintentionally every year and 29% of them are killed at grandma and grandpas house. 3,061 are unintentionally shot but survive.
+++++++
May 21, 2016. Five-year-old Haley Moore found her father's handgun on a table where he had left it while taking a shower, and discharged it, hitting herself in the head. She was taken to a local hospital and pronounced dead. LaPlace Police announced they were investigating the incident, and that Moore's father was licensed to carry the gun at the time of the incident.
This case should be a clear cut example of a parent being negligent, but even in its early stages it doesn't appear charges will be filed. According to police, "It's pretty open and shut, clearly evidence, statements pretty much confirm that it was an accidental shooting."
According to Webster an accident is an "unforeseen event or circumstance." Calling this death an accident surely stretches that definition. But luckily for this father, Webster also says an accident can be an "unfortunate event resulting especially from carelessness or ignorance." And there's no crime for being stupid.
So come Monday the Hamilton County Prosecutor will stand at a dais surrounded by microphones and make a big deal about his decision. I doubt there will be charges, but if there is, well let's just say the definitions of accident and negligence will need to be rewritten.
Sources and material:
http://everytownresearch.org/wp-content/uploads/2015/06/Appendix20-39.pdf
http://everytownresearch.org/notanaccident/#1201
http://www.bradycampaign.org/key-gun-violence-statistics
http://www.nola.com/crime/index.ssf/2016/05/no_arrest_in_death_of_5-year-o.html
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