Posted on 06/12/2018 12:44:45 PM PDT by DUMBGRUNT
Chase Bishop, 29, was being held in a detention center in downtown Denver. He faces charges for second-degree assault but he has not been formally charged, according to NBC affiliate KUSA.
Bishop is not assigned to the Denver office but works out of Washington, D.C., sources told KUSA.
(Excerpt) Read more at nbcnews.com ...
Similar reply to a different poster who also incorrectly stated that no holster was used...something wrong?
I’m not fan of the FBI but to charge this guy with assault seems over the top. I’m not a lawyer but I think you have to show intent to harm someone to prove assault. This was very clearly an accidental discharge. The agent was surely negligent but no way this was assault. Call me ultimate cynical but this may be the justice dept protecting their own by “overcharging” the agent and thus making sure he will be exonerated where as if they used a negligence charge he would surely be convicted and would lose his job and pension.
He’ll be off the hook if he can get a researcher somewhere to claim the cause was climate change.
No external safeties on Glocks including G42 or G26 carry.
I disagree. This was a negligent discharge. It was irresponsible behavior and someone got shot as a result. You or I would be prosecuted for far less. He should be fired, charged, and made an example of.
2) Shouldn't have been carrying small of back.
3) Shouldn't have used a non-retention holster.
4) Shouldn't have put his finger inside of the trigger guard when retrieving the dropped firearm.
It’s been more than a week. It would have been five minutes for one of us in the same situation.
Not referring to you.
Legally this is a negligent discharge. Was he responsible for any step in the discharge? Yes, he did a backflip, resulted with a gun on the ground. Also, negligent when he picked up the gun with his finger on the trigger... in his embarrassment and rush to recover from his mistake, he clinched his hand while snapping up the gun off the ground, and pulled the trigger. Should have taken his time, and picked up the gun with his trigger finger extended away from the trigger, or by the stock, or by the frame. [The gun did not go off because of the fall to the ground. Even if it did, still a negligent discharge, because he still had a part in its discharge.]
Ever since I saw the video, I wondered if he had consumed any alcoholic beverages prior to attempting that back flip.
No one in their right mind would have a small of the back holster and try a FLIP of any kind. If I landed on the gun, in the small of my back, how much would it hurt? And, since he dropped it, picked it up wrong and fired the damn thing, and didn’t bother to check on the individual he wounded, he should be fired for gross incompetence, and malfeasance.
I don't care for the term "negligent discharge" as used in the firearms community. IMO this is a term created by trainers to make them sound more authoritative in nature. Not all firearms accidents are the result of negligence. Negligence is unreasonable and deliberate unsafe behavior. Which by the way I do think this agent was negligent in this case.
“What kind of a moron carries concealed by tucking the pistol in his pants back waistband with no holster? “The
A slight-stacking D.C. desk jockey who got TDY to Denver, and went out to whiskey bar carrying.
he was conducting a UC op.
Ok, so I happened to find myself in court this morning, and overheard a gentleman being arraigned/read his charges. He was charged with indecent exposure, a class d misdemeanor. The situation, as read by the state, was that the defendant was in an adult video store, in a booth, watching pornography. He made eye contact with an undercover officer in plain clothes, then the defendant unzips his pants, pulls out his penis, and proceeds to move his hand back and forth. The charge was indecent exposure, as the undercover officer was offended (HA!) and surprised to see the defendant’s penis. The judge actually dismissed the case because - and I quote “They were in an adult video store with pornography on the TV. I believe the officer is the only one that was surprised to see a penis there”.
I about bust a gut holding in my laughter.
https://www.shouselaw.com/pc246-3.html
Under California Penal Code 246.3 PC, you commit the crime of negligent discharge of a firearm if you:
- Willfully discharge a firearm,
- In a grossly negligent manner,
- Which could result in someone’s injury or death.
Concur
"I am the only one here qualified to handle a gun"
Yes, then I would agree that this would be a negligent discharge of a firearm in California. I'm not sure what state he was in but I thought it was CO. so we would need to check laws there.
I know we are splitting hairs and he was clearly negligent. I highly doubt an assault charge has any chance of sticking which make me suspect of the motive of charging his as such. My disagreement is with some in the gun community that like to profess any unintentional discharge of a firearm is negligence. In this case it certainly was but there are many where it is not and that's my beef. ( really unrelated to this story so I probably should not have brought up my personal views on the matter)
Anyway do you are anybody else think this incident is "assault". That's really the issue.
“I am the only one here qualified to handle a gun”
Yes, that is California. Couldn’t find anything quickly about a Federal definition.
I don’t know much more. It was not an “assault” to me.
I see your point, guess I just know you are in big trouble even for an “accidental discharge”... unless you are an illegal repeat felon in San Francisco.
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