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Juvenile Reckless Endangerment

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Latest post Wed, Apr 15 2015 7:38 PM by Kivi. 10 replies.
  • Wed, Apr 15 2015 8:34 AM

    • LR77
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    Juvenile Reckless Endangerment

    I have a question about a charge to a 14 year old - reckless endangerment.  They are in Colorado.  He and neighborhood kids were playing.  One of the kids had an airsoft gun and they were passing it around.  The 14 year old accidentally shot it and it hit another kid in the eye.  The injured kid's parents filed charges and they go to court next month.  

    The community bylaws prohibit carrying a firearm but do not define firearm.  Is an airsoft gun considered a firearm?  Should charges be brought against the owner of the airsoft gun?

    Accidents happen... it was not intentional.  I hate that any child was injured but there were no adults present so the whole case is being built on kids' recollection of the incident and so far there is no clear picture.  What if the injured kid grabbed the gun and caused the inadvertant firing?  Numerous things could have happened...  Just looking for ways to support this kid's family.

    Any information on what is necessary to prove him guilty of reckless endangerment as well as sentencing he could face would be appreciated.  Thank you!

  • Wed, Apr 15 2015 9:35 AM In reply to

    • LR77
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    Re: Juvenile Reckless Endangerment

    Turns out the kid who got shot took the gun from HIS house without permission.  Such a litigious society...  it's sad.  If that were my kid I'd be teaching him a lesson... never would've happened had he not been disobedient to his parents.  :(

  • Wed, Apr 15 2015 9:37 AM In reply to

    Re: Juvenile Reckless Endangerment

    LR77:
    The injured kid's parents filed charges and they go to court next month.  

    Not exactly  The injured child's parents filed a COMPLAINT and the state opted to pursue it.  The state obviously feels there is enough to support that the shooter acted recklessly.

    LR77:
    The community bylaws prohibit carrying a firearm but do not define firearm.  Is an airsoft gun considered a firearm?

    Airsoft guns' uncanny resemblance to real firearms and the resulting potentially disastrous consequences, many laws and regulations affect the manufacture, importation, and ownership of Airsoft guns.  Airsoft guns fire their BBs at speeds of hundreds of feet per second, creating a real risk of serious eye injury. [as your friend has just discovered]  Hospitals and healthcare professionals throughout the country have reported a significant rise in Airsoft-related eye injuries in recent years.

    Due to their ability to inflict great harm and in isolated circumstances, death I would classify it as a firearm.

    LR77:
    Should charges be brought against the owner of the airsoft gun?

    Unless state law required the owner observe specific methods of securing the weapon from minors:  no.  The owner of the gun didn't shoot the kid, your friend's kid did.

    LR77:
    What if the injured kid grabbed the gun and caused the inadvertant firing?

    Did that actually happen or you are just dreaming up something to try and save this kid's skin?

    LR77:
    Numerous things could have happened.

    Sure numerous things COULD have happened.  Solar flares, Mercury in retrograde, alien mind control.  However what COULD have happened isn't relative what DID happen is. 

    LR77:
    I hate that any child was injured but there were no adults present so the whole case is being built on kids' recollection of the incident and so far there is no clear picture.

    Then the court will hear all the facts and determine to the best of its ability what did take place and if it meets the burden of reckless endangerment.  

    LR77:
    Any information on what is necessary to prove him guilty of reckless endangerment as well as sentencing he could face would be appreciated.

    This is from an attorney in CO:

    "A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits Colorado Reckless Endangerment, which is a class-3 misdemeanor in our state. C.R.S. 18-3-208.

    The definition of "recklessly" is: "A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

    The court may infer that the defendant was subjectively aware of the risk, However, the Court must weigh the nature and purpose of defendant's conduct against the risk created by that conduct in evaluating whether a risk is unjustifiable. A substantial and unjustified risk is a gross deviation from the standard of care."

    Class 3 Misdemeanor: 0-6 months in the county jail and/or a $50-$750 fine.  That said, this kid is a juvenile and often sentencing is very different in juvenile court vs. adult court.

    LR77:
    Just looking for ways to support this kid's family.

    Let their attorney do his/her job.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Apr 15 2015 9:53 AM In reply to

    • LR77
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    Re: Juvenile Reckless Endangerment

    Thanks for the pertinent advice.  But why do people always feel the need to criticize someone's question and give their opinion on whether or not the poster is "dreaming something up".  If you don't have actual legal advice, then why comment at all?

    This kid who accidentally shot the other is terrified and I happen to care deeply for him and his family.  "Saving his skin" would be preferable to seeing him suffer for something like this.  It was not malicious or intentional.  He wouldn't hurt a flea on purpose.

    Last but not least, not everyone can afford a lawyer.  At this point we're simply trying to collect facts and be prepared for what may happen.

  • Wed, Apr 15 2015 12:34 PM In reply to

    Re: Juvenile Reckless Endangerment

    LR77:
    The community bylaws prohibit carrying a firearm but do not define firearm.  Is an airsoft gun considered a firearm?

    Considered by whom and for what purpose?  We obviously have no way of knowing what the "community bylaws" of some unknown community in Colorado say.  That said, I can't imagine why an "airsoft gun" would not be considered a "firearm" by any reasonable definition of the term.

     

    LR77:
    Should charges be brought against the owner of the airsoft gun?

    Charges for what?  You said that charges were filed.  Against whom were they filed if not the owner?

     

    LR77:
    Accidents happen... it was not intentional.

    Is anyone claiming otherwise?  Moreover, just because something was unintentional doesn't mean liability doesn't exist or that a crime didn't occur.

     

    LR77:
    I hate that any child was injured but there were no adults present so the whole case is being built on kids' recollection of the incident and so far there is no clear picture.

    What is your relationship to any person involved?  Why do you think "no clear picture" exists?

     

    LR77:
    What if the injured kid grabbed the gun and caused the inadvertant firing?  Numerous things could have happened.

    The law doesn't generally concern itself with "what if" or things that "could have happened."  In the case of an alleged crime, all that matters is whether the elements of the crime can be proven beyond a reasonable doubt.

     

    LR77:
    Any information on what is necessary to prove him guilty of reckless endangerment as well as sentencing he could face would be appreciated.

    http://www.omalleylawoffice.com/blog/2013/02/reckless-endangerment-in-colorado--crs-18-3-208.shtml

     

  • Wed, Apr 15 2015 12:38 PM In reply to

    Re: Juvenile Reckless Endangerment

    LR77:
    Such a litigious society.

    In your original post, you wrote, "The injured kid's parents filed charges."  That implies a criminal complaint.  "Litigious" typically refers to a civil lawsuit.  Please clarify which you're concerned with.

  • Wed, Apr 15 2015 1:46 PM In reply to

    Re: Juvenile Reckless Endangerment

    LR77:
    This kid who accidentally shot the other is terrified

    He SHOULD be.

    LR77:
    "Saving his skin" would be preferable to seeing him suffer for something like this.

    Well he is about to learn a hard lesson that apparently you didn't:  there are consequences to the actions you take and Mommy and Daddy cannot always rescue you.  

    He SHOT someone.  Accident or not both he and his victim are going to be traumatized for a long time to come if not their lifetime.  You cannot save him from this and quite frankly if you aren't his parents you need to stay out of it.  

    LR77:
    It was not malicious or intentional.

    There are plenty of people in jails and prisons who weren't "malicious or intentional" that has nothing to do with his actions and the resulting injury.

    LR77:
    Last but not least, not everyone can afford a lawyer.

    If this is a criminal case then as a juvenile he would get a public defender it the parent's income qualifies him for one.  If this is a civil case then they would have to hire one.

    LR77:
    At this point we're simply trying to collect facts and be prepared for what may happen.

    There is no "we" in this.  It doesn't matter how much you care about this kid it isn't your battle.  In fact the last thing he should be do is speaking to anyone but a lawyer about this because you can be called to testify against him regarding anything he told you.  Add to that your fact finding mission could be construed as tampering with the case/witnesses.  I repeat:  STAY OUT OF IT.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Wed, Apr 15 2015 2:20 PM In reply to

    • Drew
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    Re: Juvenile Reckless Endangerment

    might be smart to get a CO attorney on defense side......

    an airsoft is not a fire arm in the combustion discharge sense of definition...and whether is is "designed" to inflict harm as is say a bB or pellet rifle is a bit of a long debate..seems to me it is,designed not to inflict harm and may not be a dangerous weapon as such ...but it may be a close,call and not one Id want to make as a layman....



  • Wed, Apr 15 2015 2:44 PM In reply to

    • DPH
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    Re: Juvenile Reckless Endangerment

    LR77:
    If you don't have actual legal advice, then why comment at all?

    The rules of this site prohibit providing specific legal advice, so all you're likely to get is informed general advice and opinions.  If you want specific legal advice, consult with a local attorney.

    LR77:
    At this point we're simply trying to collect facts and be prepared for what may happen.

    You can gather facts until the cows come home and all it will do is contribute to hand wringing and diatribes against the "system".  In that vein, visit the following website to get a feel for how things are defined within the legal system.  After that, leave it alone unless you are prepared to provide funding for a legal defense.  If the juvenile cannot afford an attorney, the parents need to inquire about having a public defender appointed to represent this person.

    http://www.lpdirect.net/casb/crs/18-1-901.html

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Wed, Apr 15 2015 5:29 PM In reply to

    • Drew
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    Re: Juvenile Reckless Endangerment

    in some states the parents can. Be held liable for the willful misbehavior of minor children...so dig a bit as to your exposure as a parent as well...I don't know...but Id sure double check.....especially if I bought  the device or had knowledge it was in use.....



  • Wed, Apr 15 2015 7:38 PM In reply to

    • Kivi
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    Re: Juvenile Reckless Endangerment

    Looks like you may be an aunt or uncle. (You indicate that you are TX, but the event occurred in CO.)

    If this matter is in juvenile court, then it is the local District Attorney office, not the injured kid's parents, who are pursing the charges. Generally, citizens can only make police reports. It is up to the authorities to decide whether to pursue criminal charges. I am sure that when the injured child was brought to the Emergency Room for medical attention, the circumstances of the injury were sufficient for the Emergency Room personnel to notify the police. ER personnel are mandated reporters. Please note that the ER personnel only make reports, they don't decide if someone needs to be charged, etc.

    The parent(s) of the charged child should retain the services of a criminal defense attorney if the matter is in juvenile court. If the parent(s) cannot afford an attorney, then the boy likely would qualify for the services of a public defender.

    If the child who caused the injury is being sued civilly, then this one is a civil matter.. The parents of the child being sued would be well advised to obtain the services of a personal injury attorney. State laws vary considerably on the extent to which parents can be held "financially liable" for the negligence of their child and I don't know where CO stands on this one. But, if looks like the injured child's injuries were rather serious. Therefore, this one is not likely to "go away" of its own accord.

    The fact that the child who got injured was the one who brought the "device" to the gathering may or may not be relevent to the defense of the charges. A CO attorney would be the best source of advice on that possibility.

     

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