Skip to comments.Carelessness with guns can lead to a life sentence or no sentence: Jarvis DeBerry
Posted on 07/01/2013 5:24:23 PM PDT by BBell
For two consecutive Sunday somebody's carelessness with a gun left a minor in our metropolitan area dead. On June 23, a New Orleans mother Laderika Smith said she locked her 5-year-old daughter Brandajah inside a bedroom on North Galvez Street before leaving the house to go to the store. Apparently, the child found a .38 revolver in the closet and accidentally shot herself in the head.
A week later in Marrero, 23-year-old Christian Cardon of Gretna was reportedly showing off his AR-15 semi-automatic rifle to a group of friends. Cardon told Jefferson Parish Sheriff's deputies that he had left the magazine to the gun in his vehicle and that he pulled the trigger not knowing there was a live round in the chamber. His 16-year-old friend, Trey Stahl, was struck in the neck and killed.
The two adults are facing drastically different consequences. The mother who left her child in the house with a fun could spend the rest of her life in prison. Even if he is convicted, the man who pulled the trigger and killed his friend could avoid prison altogether.
New Orleans police originally released a statement claiming that 28-year-old Smith had been booked with second-degree murder in the death of 5-year-old Brandajah. Later the Police Department sent out another statement saying that, instead of murder, the mother was instead booked with cruelty to a juvenile. But booking information from the Orleans Parish Sheriff's Office shows that Smith was booked with both crimes. If a person is engaging in behavior that's considered cruelty to a juvenile - such as leaving a 5-year-old at home alone - and the juvenile dies, the law allows that person to be booked with murder. Intent is irrelevant.
A second-degree murder convict in Louisiana is sent to prison for life.
There's no mandatory sentence for negligent
(Excerpt) Read more at nola.com ...
They are actually different crimes charged. The mother is being charged primarily for locking her child up and leaving the house, with the gun incident as an aggravating factor as it resulted in death.
So we’re supposed to feel sorry for the woman who locked her child in a bathroom and left her alone?
They still called the rifle a "gun", however.
The safest place for either of those weapons would still be in the possession of the owner/operator.
Pretty much senseless tragedies. I feel very sorry for all involved.
Too many people don’t understand the fundamental weapon safety rules.
This is why all High Schools must provide a mandatory comprehensive gun safety course to all students. Perhaps age appropriate curriculum should also be taught in primary and middle school as well.
Bingo! And very consistent with the rationale for schools offering driver's training courses.
Indeed, the 2d Amendment should provide even greater support for the concept.
Never happen, makes too much sense. Besides the public schools are too busy teaching kids how to put condoms on bananas.
Some have gone far beyond the cucumber thing and are pushing “homonormative” stuff, including teaching “fisting” to kindergarteners.
I call a rifle a gun all the time. It’s my way of rebelling against my time in the Marine Corps. BTW, don’t ask a drill instructor that if a rifle is called a rifle then why is a machine gun not a machine rifle. It’s not worth it. Drill instructors take a offense to questioning the wisdom of their beloved Corps.
In the other case mishandling a weapon could be called an accident but the accident was brought about by negligence.
I can understand the difference in charges.
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