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originally posted by: Grimpachi
It says the couple face charges recklessness with a deadly weapon and child neglect however I don't think those charges will stick unless they can prove the gun was loaded.
I am not making a judgement call I am just stating my opinion on what the law will allow.
originally posted by: Realtruth
originally posted by: Grimpachi
It says the couple face charges recklessness with a deadly weapon and child neglect however I don't think those charges will stick unless they can prove the gun was loaded.
I am not making a judgement call I am just stating my opinion on what the law will allow.
The laws in most states are basically the same. A reckless endangerment charge does not require anyone to suffer an injury, it does require others to be placed in danger of suffering a serious physical injury.
If a Jury by peers get this case those two will most likely lose custody of the child, and get probation at best.
originally posted by: Benevolent Heretic
This guy shouldn't be permitted to own guns.
originally posted by: Grimpachi
BTW isn't it the choice of the defense on if it is a jury trial or a judge? I am pretty sure a competent lawyer can show reasonable doubt that the gun wasn't loaded and I have no idea how they can be charged with neglect from the video maybe there is more to this.
originally posted by: intrepid
Canuckistanis
Barnes was wanted for armed robbery when he attempted to sell a handgun to an undercover officer. He was arrested and charged with resisting law enforcement with a weapon, carrying a handgun without a permit and carrying a handgun without a permit within 500 feet of a school, according to Evansville police. Once investigators found the video of the child playing with the gun, Barnes was charged with child neglect, criminal recklessness with a deadly weapon and allowing a child to possess a firearm, police said.
...
The baby's mother, Toni Wilson, 22, faces the same charges after police determined she was present while the videos were being recorded. When questioned, she claimed the gun was a pellet gun, police said.
The couple's 1-month-old twins were removed from the home and are in emergency care, along with the 1-year-old in the video. Barnes is the father of the twins, but not the older baby boy, police said.
originally posted by: Realtruth
originally posted by: Grimpachi
BTW isn't it the choice of the defense on if it is a jury trial or a judge? I am pretty sure a competent lawyer can show reasonable doubt that the gun wasn't loaded and I have no idea how they can be charged with neglect from the video maybe there is more to this.
That is the key to this case a "competent lawyer". I would wager that couple doesn't have the means to hire one, and public defenders are well, ya know.
Yes they can have a trial by judge also, but that is a crap shoot as well. What they do have going for them is that this is in Georgia and not a state like California, so they might with a decent lawyer be able to get off, on most of the charges, or lessen them to neglect.
originally posted by: Benevolent Heretic
originally posted by: intrepid
Canuckistanis
LOL! That cracked me up!
Yeah, not all Americans are vocal about their firearm endeavors, either. But most do seem to have a fascination with talking about them...
Glad these parents were arrested.
Barnes was wanted for armed robbery when he attempted to sell a handgun to an undercover officer. He was arrested and charged with resisting law enforcement with a weapon, carrying a handgun without a permit and carrying a handgun without a permit within 500 feet of a school, according to Evansville police. Once investigators found the video of the child playing with the gun, Barnes was charged with child neglect, criminal recklessness with a deadly weapon and allowing a child to possess a firearm, police said.
...
The baby's mother, Toni Wilson, 22, faces the same charges after police determined she was present while the videos were being recorded. When questioned, she claimed the gun was a pellet gun, police said.
The couple's 1-month-old twins were removed from the home and are in emergency care, along with the 1-year-old in the video. Barnes is the father of the twins, but not the older baby boy, police said.
Source
originally posted by: intrepid
a reply to: Realtruth
I don't know about this states laws but is children's services bound by the law or can they arbitrarily action someone they feel is a detriment to their child?
originally posted by: Denoli
I don't see the fascination with guns tbh , do Americans just have guns to protect themselves from people with guns ?
Is it because of fear ?
I know people who hunt who have guns ,
And law enforcement , security firms , army etc , but why the general public ?
I'm from the uk so just don't get it .