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Man kills girlfriend while showing her gun, charged with negligent homicide
New Orleans Times-Picayune ^

Posted on 08/19/2008 9:00:18 AM PDT by WilliamReading

A 23-year-old man's attempt to show his girlfriend a pistol ended in tragedy Monday night when the gun fired, killing her, according to the Jefferson Parish Sheriff's Office.

Averyell Davis, 23, was shot in the abdomen after the handgun her boyfriend was handling went off, said sheriff's spokesman Col. John Fortunato. Curtis C. Murray has been arrested and booked with one count of negligent homicide.

The couple were in the living room of their home in the 500 block of Behrman Highway in Gretna at about 10:15 p.m. when the gun discharged, Fortunato said. Authorities did not specify what caused the gun to fire.

Emergency responders arrived at the couple's home, where Davis' mother met them and told them that her daughter was shot inside the home.

In the living room, they found Davis lying on the floor with a wounded abdomen.

Responders transported her to Ochsner Medical Center, and on the way there, she told authorities that her boyfriend accidentally shot her, according to Fortunato.

Davis died shortly after arriving at the hospital.

Lt. Don English, the homicide detective handling the case, later booked Murray with the criminal charge at the Jefferson Parish Correctional Center.

Even though the victim claimed it was an accident, "our investigation showed negligence on (Murray's) part, and that's why he was charged," Fortunato said.

Negligent homicide defendants can face up to 5 years in prison, a fine up to $5,000, or both, according to state law.

(Excerpt) Read more at nola.com ...


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1 posted on 08/19/2008 9:00:18 AM PDT by WilliamReading
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To: WilliamReading

I don’t imagine I could get anyone to bet against alcohol being involved, could I?


2 posted on 08/19/2008 9:03:24 AM PDT by savedbygrace (SECURE THE BORDERS FIRST (I'M YELLING ON PURPOSE))
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To: WilliamReading

Stand back, while I whip this out!


3 posted on 08/19/2008 9:04:12 AM PDT by WakeUpAndVote (Obama is making me vote for McCain)
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To: WilliamReading
I've been showing other people my handguns and firearms for years now. I never present a firearm to anyone until I've removed the clip and guaranteed the chamber is empty. Basic firearms safety. It's idiots like this that provide fodder for the gun-grabbers to go out and rage against the 2nd amendment.
4 posted on 08/19/2008 9:04:35 AM PDT by LoneStarGI
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To: WilliamReading

This is why there’s Rule 3 of gunhandling: ALWAYS keep the muzzle pointed in a safe direction; never let the muzzle point at anything you are not willing to kill or destroy.


5 posted on 08/19/2008 9:04:36 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: WilliamReading

Shouldn’t we require all gun owners to pass a gun safety class?
If we have to pass a driving test to get a drivers license, why not one for owning a handgun or rifle?

To me it is only common sense. Of course others will use the “slippery slope” argument . . . “if they require us to take gun training, then they will take all of our guns away” . .. . That just doesn’t follow.

Why doesn’t the US Army just hand out M-16s to the soldiers and let them figure out for themselves how to shoot them? Why does the Army train and test the soldiers?


6 posted on 08/19/2008 9:05:13 AM PDT by WilliamReading
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To: WilliamReading

Will someone please explain to me how the gun magically fired (while he was, I guess standing away from it, you know it needs its space) and tragically killed his girlfried?


7 posted on 08/19/2008 9:05:16 AM PDT by EarthBound (Ex Deo,gratia. Ex astris,scientia (Who the hell do I vote for now?))
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To: savedbygrace

Nope, not unless you added a Glock clause in there somewhere...


8 posted on 08/19/2008 9:05:21 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: WilliamReading

Just another New Orleans Area Homicide.


9 posted on 08/19/2008 9:05:38 AM PDT by trumandogz
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To: WilliamReading
...the gun fired...

Guns don't just fire.

Safe direction, off the trigger, unloaded.

10 posted on 08/19/2008 9:05:40 AM PDT by facedown (Armed in the Heartland)
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To: WilliamReading

for chrissake.... isn’t any thing EVER JUST an accident anymore???????

the kid was stupid but even the dead girl said it was an accident.

do they need to make it a crime and send it to jail?

I know this is serious folks, but really- think about the slippery slope- do you want ANYTHING you do (accidentally) to potentially LAND YOU IN JAIL

stub your toe? go to jail... that was silly, I know but... STUB YOUR CHILDS TOE because you don’t know they are standing behind the door... go to jail for child abuse?

I am being extreme, but not EVERYTHING requires criminal prosecution.

Bureaucracy gone amok


11 posted on 08/19/2008 9:07:21 AM PDT by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: EarthBound

Maybe , just maybe, he didn’t know how to use the gun, because no one taught him how?


12 posted on 08/19/2008 9:07:30 AM PDT by WilliamReading
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To: WilliamReading
This here's a Glock 40...

13 posted on 08/19/2008 9:08:10 AM PDT by evets (beer)
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To: WilliamReading

As more people have been killed by the pen than by the sword, we should require all writers, Internet or not, to take a safety course before being allowed to write or post to the Internet. I mean, ideas are more dangerous than bullets, so we should restrict them equally.

Now, I’ve *actually* had a writing safety class. Have you? If not, I’m sorry, you should not be permitted to post or write anything.


14 posted on 08/19/2008 9:10:12 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: WilliamReading
" ... The couple were in the living room of their home in the 500 block of Behrman Highway in Gretna at about 10:15 p.m. when the gun discharged, Fortunato said. Authorities did not specify what caused the gun to fire ..."


Hint to authorities ... it could have been a finger pulling the trigger.

Now don't go taking my word for it ... try it yourself.

15 posted on 08/19/2008 9:10:22 AM PDT by G.Mason (Duty, Honor, Country)
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To: evets

Yeah... that guy was DEA or local cops, “fully trained”, and he STILL managed to shoot himself with it.


16 posted on 08/19/2008 9:10:47 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: WilliamReading
I don't show off my whisks, I don't show off my chisels, or my oil filter wrench, or even my laptops. Why would I show off any tool, except for training?

Keep the weapons stage 3 and under control.

/johnny

17 posted on 08/19/2008 9:11:03 AM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: WilliamReading

Loaded or unloaded, never, NEVER point a gun at anyone unless you intend to kill them in defense of your own life or someone else’s.


18 posted on 08/19/2008 9:11:07 AM PDT by Righter-than-Rush
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To: Mr. K

>>the kid was stupid but even the dead girl said it was an accident.>>

LOL


19 posted on 08/19/2008 9:12:49 AM PDT by Righter-than-Rush
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To: Mr. K

The girl is dead because of his actions. Guns really don’t just go off by themselves. This must have involved huge doses of negligence. And stupidity.


20 posted on 08/19/2008 9:13:26 AM PDT by Lonesome in Massachussets (His Negritude has made his negritude the central theme of this campaign)
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To: WilliamReading

Yet another “gun just WENT OFF” story, I see. There should be some sort of fine for such sloppy journalism.

Cars don’t just start. TV’s don’t just “turn on”. Why do guns just “go off”?


21 posted on 08/19/2008 9:14:06 AM PDT by j-damn
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To: WilliamReading
If people were to follow these NRA safety rules they would eliminate "accidents":

Always keep the gun pointed in a safe direction

Always keep your finger off the trigger until ready to shoot

Always keep the gun unloaded until ready to use


22 posted on 08/19/2008 9:14:20 AM PDT by Uri’el-2012 (Psalm 78:35 And they remembered that God was their ROCK, And the Most High God their Redeemer.)
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To: WilliamReading

Better still, REQUIRE everyone to have a gun, AND train them on how to use it. That would probably be the closest thing to what the founders called a “well regulated militia.”


23 posted on 08/19/2008 9:15:37 AM PDT by Huck
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To: WilliamReading
If we have to pass a driving test to get a drivers license, why not one for owning a handgun or rifle?

Because owning a firearm is a right under the Constitution. Driving an automobile on public roads is a privilege, though you may note that one does not need to have a drivers license or take any kind of test to drive on private property.

24 posted on 08/19/2008 9:16:15 AM PDT by Inyo-Mono (If you don't want people to get your goat, don't tell them where it's tied.)
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To: WilliamReading
Shouldn’t we require all gun owners to pass a gun safety class?

Broad brush including 'all gun owners', don't you think? What criteria would you use?

Your 'common sense' sounds a lot like the anti-gunners.

25 posted on 08/19/2008 9:17:49 AM PDT by Pistolshot (NO B.O.)
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To: Mr. K

That’s why it’s called “negligent” homicide. There is such a thing as negligence. If I go out and get hammered at the bar, and then accidentally cross over the center line while driving, initiate a head-on collision resulting in someone’s death, then I am negligent. It was an accident. I didn’t mean to kill anyone. But my negligence was such that I am criminally liable. I think the same thing applies here. Anyway, a jury will decide. That’s fair enough.


26 posted on 08/19/2008 9:18:01 AM PDT by Huck
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To: WilliamReading
Authorities did not specify what caused the gun to fire.

I'm guessing that a finger on the trigger, plus the gun being loaded, had something to do with it.

27 posted on 08/19/2008 9:19:06 AM PDT by Huck
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To: G.Mason

LOL! Anybody ever see the video of the guy demonstrating gun safety and shooting himself in the leg? It’s a riot.


28 posted on 08/19/2008 9:19:08 AM PDT by sarasota
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To: Inyo-Mono

“Because owning a firearm is a right under the Constitution.”

Then you surely agree that felons and the insane have a right to own guns.

Where in the Constitution does it say that people who are mentally ill and delusional don’t have the right to own guns?


29 posted on 08/19/2008 9:19:48 AM PDT by WilliamReading
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To: WilliamReading

“when the gun fired” ... “after the handgun her boyfriend was handling went off”

Idiots all, Murray, the author, and anyone else who believes guns just “fire” themselves or just “go off.” Sheesh. Just like SUVs that going on a rampage all on their own.

And to the person who mentioned alcohol being involved up thread — good bet!


30 posted on 08/19/2008 9:20:23 AM PDT by piytar
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To: Mr. K

What other deaths by negligence do you think should go unpunished?

Little old lady in the crosswalk run over by a guy on his cellphone? Just an accident.

Child run over while playing ball in the street run over by a woman scolding her kids in the car? Just an accident.

I was unaware that, as a result of something being an accident, one was absolved of personal responsibility/liability.


31 posted on 08/19/2008 9:21:11 AM PDT by dmz
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To: Pistolshot

“Your ‘common sense’ sounds a lot like the anti-gunners. “

also known as the “ad-hominum” attack. Don’t argue based on facts, argue by calling names.


32 posted on 08/19/2008 9:21:50 AM PDT by WilliamReading
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To: evets

Oh man that guy was funny!!


33 posted on 08/19/2008 9:22:20 AM PDT by mowowie
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To: WilliamReading
Then you surely agree that felons and the insane have a right to own guns.

Yes I do agree. They could before the gun control act of 1968.

34 posted on 08/19/2008 9:22:37 AM PDT by Inyo-Mono (If you don't want people to get your goat, don't tell them where it's tied.)
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To: WilliamReading

Ignorance is not an excuse. Negligent homicide sounds justifiable here.


35 posted on 08/19/2008 9:22:49 AM PDT by EarthBound (Ex Deo,gratia. Ex astris,scientia (Who the hell do I vote for now?))
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To: WilliamReading

You are correct.

Any other questions?


36 posted on 08/19/2008 9:24:55 AM PDT by ExGeeEye (I'm Right Guard, here to prevent B. O.)
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To: Inyo-Mono

^5


37 posted on 08/19/2008 9:25:35 AM PDT by ExGeeEye (I'm Right Guard, here to prevent B. O.)
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To: WilliamReading

The right to own and operate a car is NOT enshrined in our Constitution.

As for the Army, they also train:

Machine guns
Grenades
Man portable rockets
Mortars
And improvised explosives

... and with all of this training they still have weapon related injuries and accidents. BTW, the VAST majority of the training is NOT safety training. By in large, the majority of training is how to load, aim accurately, fire, clean and maintain the weapon.

To this mix, add in all the Police training and their mishaps and you will come to learn that their will always be people who do dumb things, regardless of how much you train them.


38 posted on 08/19/2008 9:25:50 AM PDT by taxcontrol
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To: XeniaSt

You are listed as a gun training counselor. Do we really need to teach people how to use their guns? Why not let people try to figure it out for themselves?

At least that is what quite a few people on this board seem to be saying.


39 posted on 08/19/2008 9:26:14 AM PDT by WilliamReading
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To: savedbygrace

This is my rifle, this is my gun. One is for fun, one is for shooting. .....errrr I think I got that backwards.


40 posted on 08/19/2008 9:26:32 AM PDT by A. Patriot (CZ 52's ROCK)
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To: WilliamReading
after the handgun her boyfriend was handling went off

Those darn gun things have minds of their own.

41 posted on 08/19/2008 9:27:05 AM PDT by beaversmom
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To: Pistolshot
Your 'common sense' sounds a lot like the anti-gunners.

That's not a coincidence.

42 posted on 08/19/2008 9:29:06 AM PDT by impeachedrapist
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To: WilliamReading
Just making the observation on your comment having had to deal with a lot of anti-gunners.

I must have hit pretty close.

Fact is, accidents with firarms are more preventable than auto accidents, but stupid people still have them. Even TRAINED firearm instructors have them. Why? Because no matter what you are taught or have learned at your grandfathers knee, there is the human element of forgetfulness. In the case of firearms, it's irresponsible, but so is drinking and driving, but people still do that too.

43 posted on 08/19/2008 9:29:59 AM PDT by Pistolshot (NO B.O.)
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To: Mr. K

“for chrissake.... isn’t any thing EVER JUST an accident anymore???????

the kid was stupid but even the dead girl said it was an accident.”

You are right. After all, he said he was sorry. That should be the end of it.


44 posted on 08/19/2008 9:30:46 AM PDT by WilliamReading
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To: WilliamReading

Require? No. Just no.


45 posted on 08/19/2008 9:31:03 AM PDT by NonValueAdded (College kid: "Do you have a minute for Obama?" NVA: "Not now or ever.")
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To: Inyo-Mono

Thanks. That’s an oft, and mistakenly, used analogy for gun control. Leftist “education” has really set in in this country. Rights and privileges are confused by many.

Too, there are rarely accidents with firearms. The guy was negligent; he had a loaded firearm, had it pointed at someone and pulled the trigger. That’s no accident. He may have not meant to shoot his girlfriend, and is why he’s crying “accident” now, but it was pure negligence on his part.


46 posted on 08/19/2008 9:32:28 AM PDT by kenth (Will Rogers never met Barack Obama.)
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To: WilliamReading
The couple were in the living room of their home in the 500 block of Behrman Highway in Gretna at about 10:15 p.m. when the gun discharged, Fortunato said. Authorities did not specify what caused the gun to fire.

I'm certainly no expert on forensics but if I had to guess I bet the cause was pulling the trigger.

47 posted on 08/19/2008 9:32:49 AM PDT by Free Descendant
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To: WilliamReading

>>Shouldn’t we require all gun owners to pass a gun safety class?>>

As a CCW holder for years, I want to agree with you, but idiots are careless with guns, with or without training. Alcohol disregards training in favor of idiocy.

The debate in government over such a requirement would wind up denying some legal citizens the right to keep and bear, so I will have to deny this requirement and side with the second amendment in its whole.


48 posted on 08/19/2008 9:33:37 AM PDT by Righter-than-Rush
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To: evets
For those that hasn’t seen it:
A cop showing how to handle a hand gun. Very funny
49 posted on 08/19/2008 9:33:53 AM PDT by Steve Van Doorn (*in my best Eric cartman voice* 'I love you guys')
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To: Mr. K

>for chrissake.... isn’t any thing EVER JUST an accident anymore???????<

NO! All accidental discharges, to use your term, are in fact negligent discharges because there was negligence on the part of at least one person.


50 posted on 08/19/2008 9:35:12 AM PDT by B4Ranch ("Don't pick a fight with an old man. If he is too old to fight, he'll just kill you"--John Steinbeck)
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