quote:

Originally posted by wrongtarget:
Maybe some of you need a little history lesson, 45-70 balistics aren't much different than a muzzle loader.

http://home.earthlink.net/~sha...yHook/SandyHook.html

quote:

Originally posted by Goose:
Yep, this happened just a few miles from our house and the newspapers have been filled with it since. They have people coming in to do the math and see if this is what happened. I'm sure we will hear more.

quote:

Originally posted by Boss Hoss:
Very simple--yes this was tragic!!! You do the crime you do the time. The person who pulled the trigger is 100% responsible for where the projectile went.

The law is what the law is in that state and only time will tell.

quote:

Originally posted:
The person who pulled the trigger is 100% responsible for where the projectile went.

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Originally posted by Kabluewy:

quote:

Originally posted by Boss Hoss:
Very simple--yes this was tragic!!! You do the crime you do the time. The person who pulled the trigger is 100% responsible for where the projectile went.

The law is what the law is in that state and only time will tell.

Very simple to you - maybe. This is something that can be made very complicated, in the media and the variety of ideaologies out there, and the courts.

If you think the law is the law, then you are the one that's simple. What ought to be, and reality is often very subjective. Words alone, no matter how well written, or well intended, in the normal course of their meaning, are insufficient, because the law is what some liberal judge says it is, which makes it variable. And to fight that, makes ruined lives, takes money, time, lawyers, appeal, and still you don't know how it may turn out. You can't tell based on simply reading the words of the law. That's the way it works in this country, and there are all kinds of whiners out there that say things like it's the best that can be done, and chit like that, yet they support liberal judicial intrepretation and discretion, or are ignorant as to its consequenses.

As to time will tell - maybe. Hopefully it's already told, and done.

From what we know it was a stupid accident, and unintentional. Who said it was a crime? It may be or maybe not, IMO it's not up to us to speculate about - that's too much. That kind of stuff happens every day, with automobiles, etc. but when it happens with a firearm, there are plenty of those same whiners who will make it into something it isn't.

KB

quote:

Originally posted by ramrod340:
Latest news postings say no charges filed.

quote:

Originally posted by Kabluewy:
As a wannabe attorney, (or judge) perhaps the attached links will help you write your letter, so at least you ask for the right thing, and use correct terms and legal concepts. A guy should at least appear as though he knows what he is talking (or ranting) about.

Oh, BTW, perhaps you should go light in your letter, re facts, because you don't know all of them anyway. It might make you look a bit silly, and we wouldn't want that. Worst case, they may launch the black heli and come looking for you, especially if being an idiot is a crime.

Good luck with your conviction. (pun intended - three ways) I searched, but was not able to find anywhere within the law that being an idiot is a crime. Perhaps you are in luck, or will have better luck with your research. Keep us posted.

http://en.wikipedia.org/wiki/Negligent_homicide

http://en.wikipedia.org/wiki/Manslaughter

From Wikipedia:
Constructive manslaughter is also referred to as ‘unlawful act’ manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.
For example, a person who runs a red light in their vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury[12]). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act.

http://definitions.uslegal.com/n/negligent-death/

http://en.wikipedia.org/wiki/Wrongful_death_claim

quote:

Originally posted by Boss Hoss:
You really have no idea about my background.

quote:

Originally posted by shootaway:
My father once told me a story about an accident he had while cleaning my grandfathers muzzle loading shotgun.The gun went off and he nearly killed his sister.He then covered the hole in the wall with a picture frame being scared to death should his father find out.

quote:

Why didn't that idiot think of shooting into the ground.

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Originally posted by FOOBAR:
I have to agree with KB...and it's pretty much de rigueur to start jumping around, squalling like a stuck pig over something the press put out and USUALLY screwed up or got wrong in the first place.

Does ANYONE believe ANYTHING they read in the media??? If you do, you're in deep "stuff" without a clue.

How much garbage like this has been posted on these forums, cause a bunch of little boy tantrums, and was later found out to be totally bogus.

NO ONE will know for certain just what happened until ALL the facts are in and thoroughly studied.

Shooting into the air is a no-no as far as I'm concerned but shooting ANY direction without a backstop is just as ignorant and I've seen that happen many times...or shooting at rocks, metal plates, and flat surfaces like water... what/where the bullet goes/happens doesn't stop too many shooters and actually turns a bunch of them into slobbering piles of pudnocking toe jams.

NOBODY..unless they are directly involved in the investigation...knows squat doodly about this "ACCIDENT" and what the press says about it is highly suspect from the gitgo.

Luck

quote:

Originally posted by Huvius:
There is just too much speculation and missing information regarding this case.
That said, it is of the utmost importance that the facts are discovered.
So far, the sheriff has implicated a man that may have zero to do with the girls death.
There is no mention whether the discharge was accidental or the man "cleaning" his muzzle loader intentionally fired into the air.
No ballistics report on whether it is even possible for the said muzzle loader to shoot that distance or what the properties of the projectile which struck the girl are.
Hey Hoss, why don't you just tell us what your legal background is? If you are hunting and one of your bullets glances off a tree, killing another hunter, are you willing to give up all you have? How about if your bullet goes through your animal and kills another which you didn't see, you going to confess to poaching and lose your rights as a hunter?
Hey Idaho, do you think the girl would "rest in peace" if an innocent man was wrongfully convicted of her death and no effort is made to discover what really happened?
This is an important case for all of us.