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1988RedT2
1988RedT2 UberDork
7/8/13 12:22 p.m.

For some reason I feel the need to post this up, even though I suspect most of you folks wouldn't think about firing a round into the air. Apparently, there are plenty of ignorant mouth-breathers who do, although thankfully their actions only rarely cause harm.

http://www.timesdispatch.com/news/local/chesterfield/boy-shot-in-head-at-chesterfield-fireworks-celebration/article_95a28426-e549-11e2-a881-001a4bcf6878.html

CHESTERFIELD — Chesterfield County police are still trying to determine who's to blame for the July Fourth shooting death of a 7-year-old boy. Investigators believe someone had been firing randomly in the air and a stray bullet struck the boy in the head.

Brendon Mackey, 7, was walking with his father when he suddenly fell. It was shortly before 9 p.m., as a crowd awaited a fireworks show at Swift Creek Reservoir in the Brandermill community, according to police.

Frances H. Derrer, a registered nurse from Midlothian who happened to be walking nearby, said she didn't see Brendon fall. She rushed over when she heard a woman who was leaning over Brendon say, "He has no pulse."

The other woman also identified herself as a nurse, Derrer said.

Though Derrer said there were no signs of a pulse or breathing, and his lips were purple, she and the woman performed CPR for several minutes.

"I just don't understand why anyone would shoot guns up in the air," Derrer said Friday evening, calling it a "senseless act."

Derrer said Brendon's father was standing nearby and told her he didn't know what had happened. He told her that his son had been laughing before suddenly dropping to the ground.

Derrer said there was blood on the pavement around the back of Brendon's head. But at the time, nobody at the scene realized he had been shot, she said.

Brendon was rushed to VCU Medical Center.

"Doctors discovered that Brendon had suffered an apparent gunshot wound to the top of his head," police said. "Police believe this wound was the result of someone shooting randomly into the air, likely from a distance, and not an intentional act. Police need the public's help to locate whoever fired the round."

Derrer said she had not heard gunshots that night but added it was very loud, because of the large crowd with a lot of children.

As of Friday afternoon, the police department had received some phone calls from the public but was left with "nothing really to report," said Chesterfield police Sgt. Jason Seamster.

Police asked that anyone who fired a gun or who knows someone who fired within 5 miles of the reservoir call (804) 748-1251 or Crime Solvers at (804) 748-0660 or visit CrimeSolvers.net.

NGTD
NGTD Dork
7/8/13 12:25 p.m.

Wow - that is so senseless and stupid - words fail me.

Ranger50
Ranger50 PowerDork
7/8/13 12:39 p.m.

Is there really a crime here? Only thing I see is Darwin is missing someone....

yamaha
yamaha UberDork
7/8/13 12:41 p.m.

This seems to happen more around new years eve.......

1988RedT2
1988RedT2 UberDork
7/8/13 12:43 p.m.
Ranger50 wrote: Is there really a crime here? Only thing I see is Darwin is missing someone....

A 7-year old boy is shot dead in an act of extreme negligence. Damn right I'd call it a crime.

Giant Purple Snorklewacker
Giant Purple Snorklewacker MegaDork
7/8/13 12:51 p.m.

I shot an Arrow into the air
It fell to earth I know not where,
For so swiftly it flew, the sight
Could not follow it in its flight.

DoctorBlade
DoctorBlade UltraDork
7/8/13 12:54 p.m.
Ranger50 wrote: Is there really a crime here? Only thing I see is Darwin is missing someone....

It's a crime. The sickening thing is there's some ignorant mouthbreather out there who'll go around snickering that they shot their gun off and hit no one.

Duke
Duke PowerDork
7/8/13 12:56 p.m.
Ranger50 wrote: Is there really a crime here? Only thing I see is Darwin is missing someone....

You bet there is a crime! The poor kid didn't get taken out of the gene pool by his own stupidity (or his parents'). He got taken out by reckless behaviour of an idiot stranger. And it's not even like a car accident on a normal day where E36 M3 happens and it's bad luck. This is like an accident where a drunk driver kills a little kid but doesn't get hurt himself.

It wasn't intentional, agreed, but it was criminal negligence.

GameboyRMH
GameboyRMH UltimaDork
7/8/13 12:59 p.m.
Duke wrote:
Ranger50 wrote: Is there really a crime here? Only thing I see is Darwin is missing someone....
This is like an accident where a drunk driver kills a little kid but doesn't get hurt himself.

No it's more like an "accident" where a sober driver lets a car loose unmanned with a brick on the gas in a random direction. Hardly an accident.

spitfirebill
spitfirebill UberDork
7/8/13 1:01 p.m.

In many local governments, it a crime to shoot a firearm into the air. No, we are not talking about shotguns on a dove hunt.

slefain
slefain UltraDork
7/8/13 1:17 p.m.

Pretty sure it is called negligent homicide.

yamaha
yamaha UberDork
7/8/13 1:36 p.m.

The peanut gallery on there needs patio'd.....

PHeller
PHeller UberDork
7/8/13 1:55 p.m.

"this is America, where its our god given right to shoot guns into the air if we damn well want to! 4th of Juulllly!"

not funny sarcasm

It's scary to think about how many bullets go up that come down without hurting anyone...

stuart in mn
stuart in mn PowerDork
7/8/13 2:18 p.m.

One of my classmates in school was killed the same way, 45 years ago...he was just standing out in his yard and a bullet hit him in the head. They never did find out who shot it or from where.

Ranger50
Ranger50 PowerDork
7/8/13 2:29 p.m.

I still say, where is the crime? I don't dispute the fact someone is no longer able to function and be productive on this great planet. But are there any facts to prove there is negligence? All we "know" is a bullet came out of the sky and caused a death.

I remember a story years ago where a women got shot in the leg out on a golf course. The bullet came from a firing range with all the proper precautions in place a mile away. AFAIK, no charges were ever filed or, if they were, they were misdemeanors. How are we to say this possibly isn't the case?

We are short on facts and running far too much on emotion, which the writer wants to invoke.

chuckles
chuckles HalfDork
7/8/13 2:51 p.m.

The crime is in intentionally doing something you have to know might kill somebody but doing it anyway.

Hungary Bill
Hungary Bill HalfDork
7/8/13 2:51 p.m.

the crime lies with the person who placed that bullet in the air. That person used a potentially deadly item in a blatantly reckless way that caused another person to lose their life.

Versus

Someone brought their firearm to an approved shooting facility where they were placing their bullets in an approved backstop when they unintentionally had a firearms related mishap where someone lost their life.

stuart in mn
stuart in mn PowerDork
7/8/13 2:54 p.m.
Hungary Bill wrote: the crime lies with the person who placed that bullet in the air. That person used a potentially deadly item in a blatantly reckless way that caused another person to lose their life.

I think Ranger50's point is they don't know for sure yet that the bullet was in fact fired in a blatantly reckless way. It may well have been the case but that has to be determined.

tuna55
tuna55 PowerDork
7/8/13 3:00 p.m.

I suppose we can argue technicalities, but the shooter is ethically responsible for the landing place of each and every bullet that leaves the gun.

Apexcarver
Apexcarver PowerDork
7/8/13 3:03 p.m.
Ranger50 wrote: I still say, where is the crime? I don't dispute the fact someone is no longer able to function and be productive on this great planet. But are there any facts to prove there is negligence? All we "know" is a bullet came out of the sky and caused a death. I remember a story years ago where a women got shot in the leg out on a golf course. The bullet came from a firing range with all the proper precautions in place a mile away. AFAIK, no charges were ever filed or, if they were, they were misdemeanors. How are we to say this possibly isn't the case? We are short on facts and running far too much on emotion, which the writer wants to invoke.

there are several cases similar to this where there IS criminal negligence due to discharging a firearm in a careless fashion. I understand your point wherein you are stating "innocent until proven guilty". However, if someone proves that the round in question came from someone discharging up into the air without due concern to a backdrop, then you do have a crime.

Legal dictionary.com said: Involuntary manslaughter is the unlawful killing of another human being without intent. The absence of the intent element is the essential difference between voluntary and involuntary manslaughter. Also in most states, involuntary manslaughter does not result from a heat of passion but from an improper use of reasonable care or skill while in the commission of a lawful act or while in the commission of an unlawful act not amounting to a felony. Generally there are two types of involuntary manslaughter: (1) criminal-negligence manslaughter; and (2) unlawful-act manslaughter. The first occurs when death results from a high degree of Negligence or recklessness, and the second occurs when death is caused by one who commits or attempts to commit an unlawful act, usually a misdemeanor.
unk577
unk577 Reader
7/8/13 3:04 p.m.

Ranger50

In your example a person fired a shot with the expectation of the back stop containing the projectile.

In the original story it is assumed that the gun was fired into the air without regard to where the projectile would end up. IF this is the case, then yes there is a crime ie: reckless endangerment, discharging a firearm in public, etc. Add to that, that it ended in a fatality then it will cary with it at minimum a man slaughter charge

dankspeed
dankspeed Reader
7/8/13 3:06 p.m.

It's sad to think there are people on this planet that don't understand how gravity works.

tuna55
tuna55 PowerDork
7/8/13 3:11 p.m.
dankspeed wrote: It's sad to think there are people on this planet that don't understand how gravity works.

Careful - if you fire straight into the air (reasonably straight) it won't hit you any harder than hail. At an angle, it will go for miles.

Travis_K
Travis_K UltraDork
7/8/13 3:12 p.m.

I once found an aluminum arrow stuck about a foot straight into the ground in a friends backyard the morning of January 1st a number of years ago. I think stuff like this is a lot more common than it should be, people just usually get away with it.

yamaha
yamaha UberDork
7/8/13 3:40 p.m.
tuna55 wrote: Careful - if you fire straight into the air (reasonably straight) it won't hit you any harder than hail. At an angle, it will go for miles.

And pick up speed again on the downward angle....Vertical isn't the problem.

FWIW, I pretty much agree with everyone to some degree here, if it were someone acting like an idiot, thats reckless.......I also agree with the fact we don't know where the bullet came from. Without knowing for sure, we cannot say what happened, nor should the article stress "Well this is what we think so this happened" Its a sad thing that happened, but there are too many questions needing answered at this time. The only fact available is a 7yo was shot in the head.

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