Posted on 06/20/2002 11:07:13 AM PDT by Henrietta
NEWTON — District Attorney David Flaherty Jr. says he won’t take any action against Assistant District Attorney Jason Parker for accidentally firing his pistol in his office at the Catawba County Justice Center on Friday morning beyond making him pay for a broken window.
Parker, a candidate for district court judge, and Sean McGinnis, another assistant district attorney, were at the county firing range Friday morning brushing up on shooting skills, according to Flaherty. When they returned to Parker’s office around 8 a.m., Parker’s .380 semi-automatic accidentally discharged, according to Maj. Coy Reid of the Catawba County Sheriff’s Office.
The bullet put a hole in a window overlooking the smoking area in front of the Justice Center. No one was injured.
“I am disappointed in him (Parker),” Flaherty said. “He is a friend and a good district attorney. I know he reported it immediately to those who were supposed to be made aware of the incident.”
Flaherty said he put a note in Parker’s personnel file, but no charges would be filed.
“The only thing I would consider charging Parker with is reckless endangerment, but the bullet traveled out the window, not into the building iteslf,” said Flaherty. “I will make him pay for the plate glass window, however.”
Flaherty, district attorney for the 25th Prosecutorial District, said he got a phone call from Parker around 8:15 a.m. on Friday saying that he accidentally fired a pistol in the office that was once used by Flaherty.
Reid said the handgun had a mechanical malfunction with the ejector slide.
Sheriff David Huffman said Parker turned the handgun over to authorities and asked that it be destroyed by the State Bureau of Investigation.
“I was on vacation when it happened, but I think that Parker was so shaken by the incident that he just wanted to get it out of his sight altogether,” he said.
When someone asks to have a gun destroyed, the SBI checks the serial number to verify the history of the gun before destroying it.
Huffman said his department will also run a check on the weapon today.
Huffman said he assumed the pistol had been registered to Parker, but he was not sure.
“North Carolina law does not require a handgun to be registered with the state,” said Huffman. “When you purchase a handgun, you must first fill out a permit to purchase, which asks for all the pertinent information, such as where you live, why you need the gun, etc. This is essentially the same information that registering a handgun would provide.”
When asked about the legality of carrying a handgun into the courthouse, Flaherty said he saw no problem with it.
“We are law enforcement officers, and there is no problem with my assistants or me carrying guns,” said Flaherty. “I carry one myself occasionally, although it is not concealed.”
John Bason, public information officer for the state Attorney General’s Office, disagrees with Flaherty’s assessment of the law.
“Bottom line is, district attorneys or their assistants are not law enforcement officers.
Therefore, they must abide by the same statutes that apply to anyone else who is not a sworn officer of the law,” said Bason.
Huffman agreed.
“I did not know that DA’s were considered law enforcement officers. To be in law enforcement, you have to go to law enforcement school, even though I could swear you in right now.”
Huffman said he has had several attorneys in the past request permission to bring a firearm into the courthouse for protection, but that the sheriff’s office would assign an extra deputy instead.
Retired Superior Court Judge Oliver Noble said it was unwise and improper for Parker to bring a gun into the courthouse.
“I have never seen him with a gun,” said Noble. “I don’t know if that’s against the law or not, and I have never seen anyone prosecuted for this. However, I have never heard of a law allowing a gun in a state office. If I were to guess, I would say there isn’t.”
As far as any charges that could have been filed, Huffman said that you have to look at each situation differently.
“We treated this as if it was an accident,” said Huffman. “We don’t condone bringing handguns into the courthouse by district attorneys. However, nobody was hurt, and the gun malfunctioned. You have to have some breathing room regarding the law. However, it is possible that I would go back and look at the situation further.”
• Reach Kim Gilliland at 322-4510, Ext. 249, or rgilliland@hickoryrecord.com.
I have been loading and unloading semi-automatic pistols for 30 years and have never had one go off unexpectedly.
Of course, I always look in the chamber (the extractor could fail).
And I don't play with them. They ain't toys.
That SA 45 Colt loads as fast as I can work with holding 6 bullets in one hand and trying to work the cylinder and the hammer and the shell ejector with the other. My times aren't much good even though I don't hardly ever miss a shot. Easy to see the advantage of carrying two pistols like Wild Bill. Or six pistols like Blackbeard the Pirate, but his brand of coffee isn't for most people.
The second problem is there are numerous incidents where the 1911 with a round chambered can discharge when dropped.
Then there is the problem of securing the weapon around children with one in the chamber. The trigger pull is minimal and a 45 has no mercy where the target is concerned.
The 1911 is a great and dependable weapon, but it is a bit heavy for CCW.
By the way, use hollow point ammo. It may seem excessive in a 45 but the hollow point bullet will transfer more energy into the target than the FMJ... just make sure the target isn't your buttocks of leg! lol!
Yeah, he pulled the trigger accidently and the pistol fired. Then due to his surprise he didn't have a good grip on the weapon, causing the weapon not to chamber the next round due to a loss of energy in the slides movement needed to complete the chambering of the next round.
That means he screwed up six ways to Sunday and blamed it on a bad ejector and asked the police to destroy the evidence for him.
But the truth may never be know, given that the DA openly asked the sheriff to destroy the evidence.....
All the BS'ing going on by the ADA and DA...I'm willing to bet the whole incident went down like this..."Hey, look at me...I'm Dirty Harry...BANG !!! Waaaah !!!"
I once felt like you did with my Glock, but never went so far as to not have a round chambered.
When the worry became unbearable, I put my Glock in the safe and got a 1911.
My first generation Glock 17 is available for sale if you'd like one for your other hand. Inquire within.
One potential advantage to an empty chamber under the hammer is that a round can't "cook off" in a fire. My pre-treason S&W Model 66 stands guard night and day at my home. If the place burned, the round in under the hammer could fire and anything down range could get hurt. I store mine fully loaded, but I think about this now and again.
I'm left handed and all my 1911's have honest to goodness ambidextrous safeties.
The second problem is there are numerous incidents where the 1911 with a round chambered can discharge when dropped.
Mmmm, nope. Army trials went into extensive testing to check if 1911's would go off if dropped from heights. Now if someone is using aftermarket parts, anything is possible.
The 1911 is a great and dependable weapon, but it is a bit heavy for CCW.
It depends on what model you're carrying. I carry a Springfield Ultra-Compact. There's a great line in the movie, 13th Warrior when the guy complains that his sword is too heavy and another tells him to get stronger. I thought it was good advice.
You may have misunderstood my post.
My summertime carry is a new Taurus Ultralight 38sp Police Model 85 w/concealed hammer. Which of course has a transfer bar and is ready to fire at any time.
My cooler weather carry is a Glock 23 with a drop safety. It has one in the pipe and is ready to fire at any time. (currently living in the top drawer of my dresser, two steps from my bed (BTW, no kids))
Loaded, cocked, Glocks have been tumbled in cement mixers without going off. Yes, the Glock has a somewhat lighter pull than the Taurus, ~12 vs. ~6. The glock does have the safety switch on its trigger to help prevent discharges from 'snagged' triggers.
I have never placed my finger on the trigger without the intention of immediately squeezing it. I have never had a NG.
But, I do not stick it in my waistband, I don't carry in a 'soft' holster, and it stays in a rigid kydex holster that covers the trigger guard.
Uh...whats an "ejector slide", seen and ejector and I've seen a slide.
"Mirror, Mirror"
OK-got it. Thanks.
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