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.
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.
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.]
Although this was a negligent discharge, not an accidental discharge I agree with everything else you wrote.
They are deliberately over-charging him so he will get off clean. They really are protecting their own.
Some states have different degrees of assault one of which could be an assault through negligence. A negligent act resulting in personal injury to another person.
In Connecticut he could be charge with 3rd Degree Assault a misdemeanor.
by causing, with criminal negligence, physical injury to another person with a deadly weapon, a dangerous instrument, or an electronic defense weapon.