No Charges For Sheriff Deputy in Son's Death (LEO double standard)

WKRC ^ | 2/16 5:40 pm | WKRC

[TSgt]

The Franklin County Prosecuting Attorney says no charges will be filed against a sheriff deputy whose son died while playing with a gun. Four year old Aiden Mehlbauer was hit with a bullet in the stomach and died last Wednesday.

Police say Aiden Mehlbauer and his twin brother, Mason were in the basement of their home playing around 4 p.m. that afternoon. Their mother told investigators she was upstairs helping her six year old daughter with her homework. The boys were apparently in an office area currently under construction in which the boys' father, Greg Mehlbauer, a Franklin County Sheriff's deputy has stored his uniforms and other law enforcement equipment.

In that area, State Police say the twins located a loaded .40 caliber Glock semi automatic handgun. The boys were handling the gun when it discharged, striking Aiden in the abdomen.

Aiden was taken by Air Care helicopter to Cincinnati Children's Hospital where he died several hours later.

Deputy Mehlbauer was at work at the time of the shooting. He has been a Franklin County Sheriff Deputy for the past 10 years.

The Indiana State Police handled the investigation. Today, in a release to the media, the prosecuting attorney, Mel Wilhelm, said his office "has carefully reviewed the state police reports and has spoken at length with investigators concerning their findings and feels the circumstances surrounding this incident do not meet the elements of a crime under the Indiana Code."

[Bloody Sam Roberts]

ANYONE who keeps a loaded pistol in a home and does not keep it in a safe or use a trigger lock when the weapon is not under their control is guilty of premeditated murder if the weapon discharges and kills someone. That's my take. This cop is a moron who isn't responsible enough to own a slingshot let alone a firearm.

The fact that there were small children in the house and he stored ANY firearm in this fashion is unbelievable, unconscionable and unforgivable. I hope his family is able to forgive him taking the life of his son.

[Gondring]

And a correlation with "LEO/Non-LEO" doesn't necessarily mean a corruption problem, either. For example, it could be that LEOs tend to protect their firearms better than those who aren't--so when there is an accident, it might typically be less negligent in the case of LEOs.

That being said, it would be interesting to see if the state laws are being applied differently based on location (i.e., which DA is it?) and whether the person is an LEO.

[TSgt]

Yeah, I am unable to read the facts via multiple media outlets and make any logical judgments.

Only the DA has the power to understand logic.

Me 2+2=5
DA 2+2=4

FU

[TSgt]

Your good friend, the prosecutor, is more interested in cases with dead cows:

Mistrial in “Dead Cows” trial
http://www.libertyherald.net/articles/2007/05/01/democrat/news/news01.txt
“I admonished the witnesses that they could not comment on cattle being out in the past, but we had to show that the defendant knew that the cattle were out. It was a tough thing to prove that [Wollyung] had knowledge of that without talking about the cows being out,” Franklin County Prosecuting Attorney Melvin Wilhelm said.

Laws are for us little people...

[calex59]

People like you, and there are several on this thread, seem to have the idea that people want to jail this cop for the accident, when what they are complaining about is the fact that the average parent IS jailed for these types of accidents but this cop wasn't even charged, and anyone with half a brain knows that it is simply because he is a cop the he wasn't charged.

People don't want to see others jailed for accidents, they do want to see equal treatment under the law as the constitution calls for, NOT a huge double standard such as exists in this country now.

[TSgt]

Spot-on!

I do NOT want to see the father jailed, though most parents in situations like this are arrested and charged.

All I’m asking for is equal treatment under the law. I’ve given two examples in Indiana where the outcome was different depending on whether or not the person was a member of law enforcement.

No punishment could ever be worse than what the father has to live with the rest of his life.

I’m sick of the double standard!

[freedomwarrior998]

The media doesn’t report the facts. The media spins. The media prints sound-bytes. The media doesn’t print legal facts. You have no clue as to the intricate facts of the case, which could completely change the situation at hand.

Your hatred blinds you.

[4yearlurker]

The four year olds weren’t handling a Glock,They were handling their father's “law enforcement equipment.”

[SeeSac]

Please allow me to expand upon the above well thought out phrase. The state has no right ti intervene after a child dies in such cases because they do not own the child. The parent has created and raised the child - not Da Gooberment.

Following your logic the parents can abort the child because they 'own' it?

[freedomwarrior998]

Today, in a release to the media, the prosecuting attorney, Mel Wilhelm, said his office "has carefully reviewed the state police reports and has spoken at length with investigators concerning their findings and feels the circumstances surrounding this incident do not meet the elements of a crime under the Indiana Code."

IC 35-47-10-7

Permitting child to possess a firearm

Sec. 7. A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:

(1) while:

(A) aware of a substantial risk that the child will use the firearm to commit a felony; and
(B) failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or

(2) when the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult; commits dangerous control of a child, a Class C felony. However, the offense is a Class B felony if the child's parent or legal guardian has a prior conviction under this section.

So, since you know all the facts, explain how exactly this meets the elements of the above offense?

[freedomwarrior998]

IC 35-46-1-4
Neglect of a dependent; child selling
Sec. 4. (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:
(1) places the dependent in a situation that endangers the dependent’s life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug); or
(ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug);
(2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death of a dependent who is less than fourteen (14) years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary facilities;
(B) consists of confinement in an area not intended for human habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord, tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this section that:
(1) the accused person left a dependent child who was, at the time the alleged act occurred, not more than thirty (30) days of age with an emergency medical provider who took custody of the child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of

leaving the child with the emergency medical services provider; and
(B) the alleged act did not result in bodily injury or serious bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused person’s religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the accused person’s dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5 or IC 31-6-5 before their repeal); or
(2) under IC 35-46-1-9(b);
a person who transfers or receives any property in consideration for the termination of the care, custody, or control of a person’s dependent child commits child selling, a Class D felony.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980, P.L.208, SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301, SEC.3; P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000, SEC.10; P.L.46-2004, SEC.1; P.L.26-2006, SEC.2; P.L.15-2007, SEC.1; P.L.109-2007, SEC.1.

Notice the “knowing” or “intentionally” Mens Rea required, then learn the requirements of those provisions.

[TSgt]

Fantastic!

How do your reconcile the fact that other parents in similar situations were charged?

Also, do you sleep in your SWAT gear to feel like a real man?

[TSgt]

10 years in prison for this guy but the cop walks...

Father Sentenced In Son’s Shooting Of 4-Year-Old Sister
Police: Then-5-Year-Old Boy Shot, Killed Sister
http://www.theindychannel.com/news/19263362/detail.html
INDIANAPOLIS — The father of a young boy who police said shot and killed his 4-year-old sister with a gun he found in the family’s home was sentenced Thursday.

James Booher, 27, pleaded guilty to one count of felony neglect of a dependent and was sentenced to 10 years in prison, with two years suspended, 6News’ Derrik Thomas reported.

“When there are children present that you have responsibility for keeping safe, you have an obligation to make sure they are kept safe from something so deadly,” Marion County Deputy Prosecutor Barb Crawford said outside court Thursday.

Except if you’re a cop...

[TSgt]

Laws for thee but not for me...

Mom arrested for neglect in BB gun shooting
by Lindsey Ziliak
http://pharostribune.com/local/x1894460738/Mom-arrested-for-BB-gun-shooting
A Logansport woman was arrested Tuesday on a neglect charge after her 3-year-old son seriously injured a 6-year-old with a BB gun last week.

Rebecca Anderson, 32, turned herself into police just before noon today and is being charged with neglect of dependent resulting in injury, a class C felony.

Last Wednesday 6-year-old Ariana Roman suffered a skull fracture during an overnight stay at a friend’s house. The friend’s 3-year-old brother had retrieved a BB gun from a closet shelf and shot the girl in the left side of the head.

Detective Brad Miller of the Logansport Police Department said Anderson was the adult in the house at the time of the incident and was responsible for the care of the children.

According to police reports, Anderson “left access to a BB gun in an unlocked closet which was accessible by her 3-year-old son.”

Miller said the gun was fired at close range and left the victim seriously injured.

Ariana was released from the hospital Monday and is at home recovering.

“She can talk some, and she can color now,” Miller said.

Ariana’s mother, Robin Prince, told Miller that her daughter lost 40 percent of her speech as a result of the accident. Doctors say it could take two to five years to recover through therapy.

The 6-year-old also has nerve damage and can’t hear out of her right ear.

Prince told police last week that the force of the blow to her daughter’s head caused a skull fracture that severed an artery in Ariana’s brain. The child had to have surgery to remove a blood clot from her brain.

As Anderson turned herself in to police, Miller said she told him the whole situation was an accident, but she understands that someone has to be held accountable.

She is being held in the Cass County Jail on a $2,000 cash bond or $10,000 surety.

[freedomwarrior998]

I see you are unable to answer the questions... Again, how does this situation match with the elements of the offenses I outlined for you?

Be specific in regards to the Mens Rea requirement.

[TSgt]

Your deflection is noted.

I’ve provided several similar examples where the parents were charged. You choose to selectively ignore them.

Do you wear your boots to the grocery store?

[freedomwarrior998]

Actually, you were the one deflecting. I asked you to point out how this incident met the elements of the Indiana Criminal Code. You responded by posting a bunch of irrelevant stories.

The only relevant response that you can make, is to point out the specific facts (which you claim to know) that show that THIS CASE meets the elements of the code.

And you need to be specific in regards to the Mens Rea.

So far, you have been unable to do so... and you have done nothing but respond with Ad Hominem tactics and deflection.

So again... How does this incident meet the elements of the offenses that I posted? Be specific.

[freedomwarrior998]

http://www.fox41.com/story/12143753/no-charges-in-bb-gun-death?clienttype=printable

http://www.theindychannel.com/news/22235273/detail.html

http://www.wlfi.com/dpp/news/crime/no-criminal-charges-in-lafayette-child-drowning

http://www.witn.com/carteretcounty/headlines/98050104.html

http://www.dailylocal.com/articles/2010/08/17/news/police/doc4c6a7d999c0ee553910334.txt?viewmode=2

http://www.tulsaworld.com/news/article.aspx?subjectid=12&articleid=20081230_12_0_CHANDL569100&allcom=1

EPIC FAILURE.

[TSgt]

Your reply contains incidents from Oklahoma to the Carolinas. Different state laws.

I posted specific cases from Indiana under Indiana law where the parents were charged.

Who failed now?

Do you sleep with your handcuffs? Does the badge make you feel powerful? I bet you stand in front of your mirror wearing your gun belt admiring all your power.

[freedomwarrior998]

Your reply contains incidents from Oklahoma to the Carolinas. Different state laws.

You didn't see the ones from Indiana? And NC's safe storage laws are TOUGHER than Indiana's.

I posted specific cases from Indiana under Indiana law where the parents were charged.

Uh huh... and I cited specific cases from Indiana where parents were not charged. What you refuse to (or cannot) do, is to explain how THIS INCIDENT meets the elements of the offense, while being specific with Mens Rea.

You can't do it.

Who failed now?

You.

Do you sleep with your handcuffs? Does the badge make you feel powerful? I bet you stand in front of your mirror wearing your gun belt admiring all your power.

YAWN... Ad Hominem again.