Man didn't think gun was loaded when he shot boy
Source: Associated Press
Man didn't think gun was loaded when he shot boy
| October 27, 2014 | Updated: October 27, 2014 3:41pm
POLSON, Mont. (AP) A 3-year-old Montana boy who died of a bullet wound last week was shot in the back by an intoxicated man who said he didn't think the gun was loaded as they played together, prosecutors said.
Galen Hawk, 26, is charged with negligent homicide in the death Wednesday of Lonato Moran-Allen. They lived in the same northwestern Montana residence, but weren't related.
Hawk told investigators that he saw the boy holding his gun Wednesday evening and took it away, court records said. Hawk said the boy then ran down the hallway, looking back toward him while pretending to shoot a toy gun. Hawk says he pointed his gun at the child in response and pulled the trigger, believing the gun wasn't loaded because the magazine was in his pocket.
The bullet entered the boy's upper back near his right shoulder and exited through his lower chest on his left side, an autopsy found.
Hawk and two other residents of the house took the boy to the hospital, where he died less than three weeks before his fourth birthday.
Read more: http://www.chron.com/news/crime/article/Lake-County-boy-shot-in-the-back-5850698.php
exboyfil
(17,863 posts)so that a kid could find it and play with it. He then proceeded to play cops and robbers with a real gun.
Bury him under the prison.
postulater
(5,075 posts)His second mistake was not stopping the child as the child pointed the gun at him, even though it was a play gun. Children should always be taught never to point any gun, real or toy, at another person. Every gun should be treated as loaded.
shenmue
(38,506 posts)That's what my Dad told me. Always assume a gun is loaded.
NaturalHigh
(12,778 posts)I showed them my two guns when they were little and explained that only grown-ups should handle them. That was about twelve years ago, and they've still never shown any interest in guns. I really think parents should be open and honest with kids about the guns in the house so that it won't be some sort of hidden secret that piques the curiosity. Just my two cents.
freshwest
(53,661 posts)The majority of people used to be congnizant of this basic fact. A hunter intends to kill an animal. If one is not targeting an animal, one is targeting a human being. A gun has a certain function and that's its reason to exist.
Too many are treating guns like the newest consumer gadget, a toy or a status symbol. They have a total disconnect from what the gun is made to do. They don't think about what they are doing, it's as if they think they are in a movie or playing a game.
People need to respect what guns are and why they are made. Serious gun owners are not as dangerous as guys like this. I'm disappointed they are only going to give him 20 years, if they do.
But then I'm ticked that a person was so callous in the first place. I don't consider 26 years to be a child who doesn't know better. At least the little boy probably never knew what hit him or felt much of anything as it was so damaging when it tore his little body apart.
Every home is a potential slaughterhouse with the implements of death tossed around like footballs. I hardly cry about these now as it's simply numbing.
deutsey
(20,166 posts)But what I learned about always assuming a gun is loaded has stayed with me all these years. I can never understand how that gets lost on some gun owners.
exboyfil
(17,863 posts)gets their jollies out of pointing and shooting guns at each other (paint ball and air soft rifles). Even replicas without balls (Civil War reenactments).
samsingh
(17,598 posts)postulater
(5,075 posts)ileus
(15,396 posts)What an idiotass.
mikeysnot
(4,757 posts)not....
another unfortunate child murder by and idiot with a gun.
I didn't know it was loaded... fucking moron.
notadmblnd
(23,720 posts)NEVER POINT A GUN AT ANOTHER HUMAN BEING UNLESS YOU INTEND TO USE IT?
Scootaloo
(25,699 posts)Those are the first two rules that came to mind.
catbyte
(34,393 posts)you remove the effing clip. He should be charged with murder for pointing a gun at a three year old & pulling the trigger.
heaven05
(18,124 posts)peacebird
(14,195 posts)It's not the toddlers fault that a drunken idiot murdered him. It's not the toddlers fault this man is so careless/stupid/irresponsible that he should never have been allowed to own a gun in the first place. He murdered a tot. Hopefully he will do the honorable thing and eat a bullet, save the courts the time. If not, put this piece of human excrement in jail and throw away the key.
ManiacJoe
(10,136 posts)Since there was no intent to kill or injury the child, negligent homicide would be the correct charge.
peacebird
(14,195 posts)ManiacJoe
(10,136 posts)Yes, he killed the toddler. No, he did not murder him.
peacebird
(14,195 posts)ManiacJoe
(10,136 posts)peacebird
(14,195 posts)ManiacJoe
(10,136 posts)The Four Gun Safety Rules exist for a reason.
http://www.itstactical.com/warcom/firearms/colonel-jeff-cooper-carry-conditions-and-firearm-safety/
nomorenomore08
(13,324 posts)in the state of MT is 20 years and a $50,000 fine. Hopefully they throw the proverbial book at him.
happyslug
(14,779 posts)Review of the underlying statute shows Montana does NOT have 1st or 2nd degree murder, but "Deliberate" and "Negligent" Homicide.
(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
(a) the person purposely or knowingly causes the death of another human being;
Other had stated the #1 and #2 rules of gun Safety, #1 assume a weapon is always loaded, #2, never point the weapon at anything you do NOT want bullet to hit. #3 is NEVER mix alcohol (or other "Drugs" with Firearms.
eppur_se_muova
(36,263 posts)just leave it at that.
Kalidurga
(14,177 posts)hey that was what I was going to say. These titles are always too long.
CBGLuthier
(12,723 posts)about the "one in the chamber." Negligent homicide my ass, this was willful homicide. he saw, he aimed he pulled the trigger.
There is no way in any situation that is a safe or sane thing to do. Fuck this murderer and all like him with their bullshit excuses.
Plucketeer
(12,882 posts)They're TOOLS OF DEATH. THAT is what they were/are conceived for. They're not icy porch steps - to aid in getting you into your home - they're not a vehicle - designed primarily for transportation. They're TOOLS OF DEATH. Mix these tools with stupid and/or juveniles and bad things are bound to happen. It's NOT ABOUT your dad teaching you not to point it at someone - it's not about: you thought it wasn't loaded - it's about an instrument who's sole mission is to damage flesh to the point where death or severe injury is the desired result.
Rattlesnakes are great for rodent control. How about turning one or two loose in your home for that purpose? Guns in the house make as much sense and are just as dangerous.
BrotherIvan
(9,126 posts)The constant attempts to downplay every death as an "accident". When in fact, the gun served its purpose: TO KILL.
All the, "well, he shouldas," and "my daddy always taught me" won't bring that child back. Gunners will allow that THIS guy is now one of the handful of people who should not have a gun because____ or ____ BUT THE CHILD IS STILL DEAD.
The gunners motto: "Your dead kids don't trump my rights!"
peacebird
(14,195 posts)Judi Lynn
(160,542 posts)Judi Lynn
(160,542 posts)littlewolf
(3,813 posts)as well as RSO's (range safety officers)
1. Treat all guns as loaded until you have personally made sure they are not.
2. never point a gun at anything you are not prepared to destroy.
3. laser rule, make sure the bbl is pointed in a safe direction at all times.
4. be sure of your target and what is behind it.
Hoyt
(54,770 posts)the poor kid. They all think they are "responsible gun owners."
upaloopa
(11,417 posts)probably passed a shooting course. Isn't it obvious "gun safety" is just words gunners use in their obfuscation attempts. Good guys with guns and with gun safety training are just as dangerous as bad guys with guns.
SoCalMusicLover
(3,194 posts)I sure hope the gun is ok.
Politicalboi
(15,189 posts)Dont call me Shirley
(10,998 posts)Drunk people and guns are a terrible mix.
Tikki
(14,557 posts)The NRA will tell you these are unfortunate accidents and guns shouldn't be punished
because frisbees are just as dangerous.
Tikki
Dont call me Shirley
(10,998 posts)MisterP
(23,730 posts)its project to flood the market with arms and is absolutely and in no way a cynical way to simultaneously cover their asses and train kids about guns!"
KamaAina
(78,249 posts)ManiacJoe
(10,136 posts)Jenoch
(7,720 posts)are why I believe everybody should take a gun safety course as a youth.
Warpy
(111,264 posts)Kaleva
(36,304 posts)In another article, it was stated he asked the judge if he could attend the boy's funeral but the judge didn't make a decision on that.
"Public defender Matt Pavelich, who represented Hawk during the hearing, told the court that Hawk would like to attend Lonato's funeral on Tuesday, but the judge did not make a decision on that request."
http://www.chron.com/news/crime/article/Lake-County-boy-shot-in-the-back-5850698.php
nomorenomore08
(13,324 posts)Sancho
(9,070 posts)People Control, Not Gun Control
This is my generic response to gun threads where people are shot and killed by the dumb or criminal possession of guns. For the record, I grew up in the South and on military bases. I was taught about firearms as a child, and I grew up hunting, was a member of the NRA, and I still own guns. In the 70s, I dropped out of the NRA because they become more radical and less interested in safety and training. Some personal experiences where people I know were involved in shootings caused me to realize that anyone could obtain and posses a gun no matter how illogical it was for them to have a gun. Also, easy access to more powerful guns, guns in the hands of children, and guns that werent secured are out of control in our society. As such, heres what I now think ought to be the requirements to possess a gun. Im not debating the legal language, I just think its the reasonable way to stop the shootings. Notice, none of this restricts the type of guns sold. This is aimed at the people who shoot others, because its clear that they should never have had a gun.
1.) Anyone in possession of a gun (whether they own it or not) should have a regularly renewed license. If you want to call it a permit, certificate, or something else that's fine.
2.) To get a license, you should have a background check, and be examined by a professional for emotional and mental stability appropriate for gun possession. It might be appropriate to require that examination to be accompanied by references from family, friends, employers, etc. This check is not to subject you to a mental health diagnosis, just check on your superficial and apparent gun-worthyness.
3.) To get the license, you should be required to take a safety course and pass a test appropriate to the type of gun you want to use.
4.) To get a license, you should be over 21. Under 21, you could only use a gun under direct supervision of a licensed person and after obtaining a learners license. Your license might be restricted if you have children or criminals or other unsafe people living in your home. (If you want to argue 18 or 25 or some other age, fine. 21 makes sense to me.)
5.) If you possess a gun, you would have to carry a liability insurance policy specifically for gun ownership - and likely you would have to provide proof of appropriate storage, security, and whatever statistical reasons that emerge that would drive the costs and ability to get insurance.
6.) You could not purchase a gun or ammunition without a license, and purchases would have a waiting period.
7.) If you possess a gun without a license, you go to jail, the gun is impounded, and a judge will have to let you go (just like a DUI).
8.) No one should carry an unsecured gun (except in a locked case, unloaded) when outside of home. Guns should be secure when transporting to a shooting event without demonstrating a special need. Their license should indicate training and special circumstances beyond recreational shooting (security guard, etc.).
9.) If you buy, sell, give away, or inherit a gun, your license information should be recorded.
10.) If you accidentally discharge your gun, commit a crime, get referred by a mental health professional, are served a restraining order, etc., you should lose your license and guns until reinstated by a serious relicensing process.
Most of you know that a license is no big deal. Besides a drivers license you need a license to fish, rent scuba equipment, operate a boat, or many other activities. I realize these differ by state, but that is not a reason to let anyone without a bit of sense pack a semiautomatic weapon in public, on the roads, and in schools. I think we need to make it much harder for some people to have guns.
nomorenomore08
(13,324 posts)But of course, to some folks, they're an intolerable infringment on "Mah Conistintutional rights!"
markpkessinger
(8,399 posts). . . so long as we have a Supreme Court that interprets the Second Amendment as conferring an individual right to bear arms that is independent of service in any militia, your idea about licensing presents a legal problem. There is, so far as I know at least, no legal precedent for licensing a constitutional right, and I seriously doubt the Supreme Court, as currently constituted, would allow such a law to stand.
Sancho
(9,070 posts)licences, permits, and certificates are already legal and common. My license does not restrict any gun or weapon - you could have a nuclear bomb with my "license". There is no national database, no point-of-sale background check. Current laws are already more complex and cumbersome than a license.
You would have to jump through hoops to get your license. You present a valid license to go hunting, buy bullets, enter the shooting range, etc. Simple. When you renew you'll be checked for crimes, etc. You have an interview or references or whatever your state requires to get the license. You have proof of insurance (just like an auto) as your state requires. You take safety classes in order to get the license (just like a carry permit).
The ONLY thing that different is that ALL gun possession requires a license. Otherwise, you can't easily buy guns, ammo, or go shooting without the license. If you have a license it's no problem and you don't even have to go through a check of any kind.
Since there is no restriction on guns of any kind, there is no 2nd Amendment challenge any more than we've already resolved.
calimary
(81,267 posts)Appreciate the waiting period, too. That would head off a few crimes of passion.
whereisjustice
(2,941 posts)valerief
(53,235 posts)friendly_iconoclast
(15,333 posts)Personally, I think this guy should be clanged with the maximum sentence.
3catwoman3
(23,993 posts)And just why would he think he should attend the funeral?
markpkessinger
(8,399 posts)In the particular part of Pennsylvania where I grew up, virtually every family had one or more hunters, and my family was no exception. There was quite a variety of rifles and shotguns, each of which was chosen for its suitability for hunting a particular type of game. But here's the thing: under NO circumstances were we EVER permitted to bring a gun into the house or into a vehicle without checking AND DOUBLE CHECKING that it had been completely unloaded. What's more, when my siblings and I were younger, my dad forbade us from pointing even so much as a toy gun at each other (an exception was made for squirt guns). And we got in serious trouble if he saw us doing so, even with a gun that was obviously a toy. I thought, as a kid, that the old man got a little carried away with himself on that point. But as an adult, I totally get what he was trying to do, to instill in us the kind of respect necessary to safely handle a potentially lethal weapon. So it simply astounds me when I hear stories like this.
Brigid
(17,621 posts)Rule #1: Always assume the damn gun is loaded.
Rule #2: If you have any questions, see Rule #1.
Mister Nightowl
(396 posts)Vinca
(50,273 posts)Last edited Tue Oct 28, 2014, 01:03 PM - Edit history (1)
I wish politicians would stop posturing over 1 ebola death and focus on the tens of thousands of gun deaths in the U.S. every year. Drunken morons should not have guns.
happyslug
(14,779 posts)Which was the main argument for Prohibition. The counter argument was that Alcohol was NOT the problem, but the abuse of Alcohol. The same can be said of firearms, the problem is NOT firearms but the abuse of firearms.
cynzke
(1,254 posts)At least two red state legislatures passed a law forbidding doctors to question and/or talk about gun risks with their patients who have children.
Orsino
(37,428 posts)Travelman
(708 posts)No matter how unloaded you think a gun is, it's loaded. Always. Until you've completely disassembled the thing, it's a loaded gun. Always.
You, Mr. Hawk, are a moron of the highest order. Drunk doesn't excuse it. "I thought it was unloaded" doesn't excuse it. Nothing excuses it. You performed grade-A prime stupid, and it cost a young boy his life. Someone up above said that in Montana, the maximum penalty for negligent homicide is 20 years. I hope you spend every single minute of it thinking about what a spectacular moron you are, and how you can never, ever repent for what you've done.
marble falls
(57,093 posts)workinclasszero
(28,270 posts)EVERY GUN IS ALWAYS LOADED!!!
Also a fuckin gun is not a damn toy! And never, never, NEVER point a gun at anything you don't intend to shoot!
I hope they lock that bastard up for 30 years or so, fucker is too stupid to be running around free anyway, obviously!
workinclasszero
(28,270 posts)I'm sorry but we have to be the most ignorant dumb bastards on the face of the earth! Not only for letting any brain dead mouth drooling psychopath have every right to arm himself to the teeth with lethal automatic killing machines that are far beyond his capacity to understand...BUT...
What kind of EVIL society stands by while innocent 3 year olds are gunned down like dogs in our streets!?!?!?!?!?
happyslug
(14,779 posts)(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
http://leg.mt.gov/bills/mca/45/5/45-5-104.htm
(2) Mitigated deliberate homicide is a lesser included offense of deliberate homicide as defined in 45-5-102(1)(a), but is not a lesser included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) Mitigating circumstances that reduce deliberate homicide to mitigated deliberate homicide are not an element of the reduced crime that the state is required to prove or an affirmative defense that the defendant is required to prove. Neither party has the burden of proof as to mitigating circumstances, but either party may present evidence of mitigation.
(4) A person convicted of mitigated deliberate homicide shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
http://leg.mt.gov/bills/mca/45/5/45-5-103.htm
(a) the person purposely or knowingly causes the death of another human being;
(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being; or
(c) the person purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.
(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222.
http://leg.mt.gov/bills/mca/45/5/45-5-102.htm
louis-t
(23,295 posts)"I was cleaning my gun." What kind of moron points a real gun, loaded or unloaded, at a child and pulls the trigger?