FBI agent ND while dancing

[HCM]

I’m just gonna leave this here.....

[Gadfly]

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[Schmetallurgy]

In Texas that would be Aggravated Assault deadly weapon and that would be for recklessly causing injury or SBI with a deadly weapon. The victim got shot and if it wasn’t consensual, makes it Aggravated Assault. The offender in the process of Picking up a firearm off the ground, pulled the trigger and discharged said firearm, accidentally or whatever, was reckless. That the firearm was pointed at someone when it was discharged, and caused bodily injury, makes an assaultive offense. Does that warrant a criminal prosecution? Not my department. If the victim wants to file charges that’s his right, if he declines that’s his right as well. Bottom line if the victim wants to press charges, the police can generate the offense, do the investigation, and leave all the opinion BS to the lawyers.

That doesn't seem to reasonably meet the threshold for recklessness as he didn't point the weapon at anyone (it fell to that position and needed to be retrieved) and for other reasons I explained in my subsequent post. Even if the injured party wants to press charges, doesn't the same requirement exist for probable cause that all the necessary elements of the crime exist in order to arrest?

[HCM]

That doesn't seem to reasonably meet the threshold for recklessness as he didn't point the weapon at anyone (it fell to that position and needed to be retrieved) and for other reasons I explained in my subsequent post. Even if the injured party wants to press charges, doesn't the same requirement exist for probable cause that all the necessary elements of the crime exist in order to arrest?

A more realistic charge in TX would be Misdemeanor Deadly Conduct.

a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

[underhook]

If you time it from the gun breaking leather to firing it's 2 seconds. Not bad for a concealed draw.

[TGS]

A more realistic charge in TX would be Misdemeanor Deadly Conduct.

A bunch of cops talking shop on their own time about how to charge another cop......

Yet we are supposedly some monolithic body of corruption that won't ever be charged, gets off easy, covers for each other, or shirks responsibility, according to some P-F.com members.

#getfucked .

The only thing worse than running afoul of the law is being a cop and running afoul of the law. You will be fucking hull-dragged by both the system and the culture within your agency, and god help you if you serve hard time.

[Schmetallurgy]

A more realistic charge in TX would be Misdemeanor Deadly Conduct.

Still, that recklessness component seems hard to support. I could see perhaps that hinging on whether or not there was some nominal passive retention to the holster or if it was pretty obvious it wouldn't retain the gun upside down.

"If it's Uncle Mike's, arrest on sight."

[Schmetallurgy]

If you time it from the gun breaking leather to firing it's 2 seconds. Not bad for a concealed draw.

Maybe for a head shot.

[HCM]

Still, that recklessness component seems hard to support. I could see perhaps that hinging on whether or not there was some nominal passive retention to the holster or if it was pretty obvious it wouldn't retain the gun upside down.

A more relevant / likely conditional factor would be whether alcohol was involved.

[Schmetallurgy]

A more relevant / likely conditional factor would be whether alcohol was involved.

Oh, definitely. I made sure to set that aside early on in my comments. My questions are entirely premised on sobriety.

ETA: Re-reading, I wasn't super clear of the sobriety premise... but yeah, I could see booze + backflip making the recklessness for Mis. Deadly Conduct an easy PC sell as it would be a likely interdependent and (for an adult) predictable combination of choices which produced the imminent danger.