Thursday, February 11, 2016

(3 wounded/ 1 dead) Officer shot himself as he pulled gun.

Deputy Injured in Accidental Shooting After Pursuit Ends in Wilmington; Driver Sought

Los Angeles, Ca (2-10-16)  A deputy for the Los Angeles County Sheriff's Department was injured when his gun accidentally discharged Tuesday morning as he was in pursuit of a driver who fled in the Wilmington neighborhood of Los Angeles.

The chase started about 3:45 a.m. when deputies spotted a green Honda that was stolen several days ago and tried to pull it over, Lt. John Corina of the Los Angeles County Sheriff's Department stated.

The driver of the Honda did not stop and a 3 to 4 minute pursuit ensued before the driver finally pulled over on the southbound side of South Alameda Street, Corina said.

One person, described as a Hispanic man, fled from the vehicle and ran through a nearby fence.

A deputy pursuing the man pulled out his gun while still in his vehicle and it accidentally went off as he was getting out, according to Corina.

The deputy was unable to chase the man, who was still on the loose, Corina said.

The injuries to the deputy were not life-threatening, a Sheriff's Department spokesperson told KTLA.

A woman who stayed in the vehicle was taken into custody, but was not helping investigators in their search for the man, according to Corina.

The woman had been a passenger in the vehicle, the spokesperson stated.

http://ktla.com/2016/02/10/driver-sought-after-pursuit-ends-in-wilmington-deputy-injured/




Police respond to north Columbia hotel for possible shooting

Columbia, Mo  (2-10-16)  Columbia Police responded to the Royal Inn Wednesday afternoon after getting a call for an unintentional gunshot wound victim.


ABC 17 News saw police blocking off the parking lot around 12:30 Tuesday at the Royal Inn in the 1800 block of Interstate 70 Drive Southwest.

Police talking to people at the motel. They said at least four police vehicles and an ambulance responded to the area.

CPD told ABC 17 News the victim was taken to a local hospital for treatment and the investigation is ongoing.

http://www.abc17news.com/news/police-respond-to-north-columbia-hotel/37923832





2 injured after accidental shootings

Greenfield, In  (2-10-16)  — Two Hancock County residents in as many weeks have landed in local hospitals with injuries after guns they were cleaning accidentally fired.

Law enforcement officials said these type of accidents don’t happen often in the county, so to have two in a short period of time is unusual. But even the simplest mistakes can have a tragic end, officers say: headlines from across the country tell stories of deaths caused by guns that accidentally discharged. And with more Hancock County residents seeking firearms licenses than ever before — one in every five adults is currently licensed, Indiana State Police records show — that risk has the potential to increase, police say.

Last weekend, a Greenfield man was cleaning a handgun when its slide jammed and fired, police said. About a week earlier, a Spring Lake resident was talking with a younger relative about firearms when his gun went off. He thought the gun’s chamber had been emptied when he picked it up to clean it and the device accidentally fired, police said.

Both men wound up with injuries to their hands, which Hancock County Sheriff’s Capt. Jeff Rasche said is typical for such an incident; many people accidentally shoot themselves in the foot or arm, he said.

Whenever someone suffers a gunshot wound, police are called to investigate, even if the person says it was an accident, Greenfield Police Department Lt. Randy Ratliff said.

When detectives come to scene of an accidental shooting or meet victims and witnesses at the hospital, they ask questions about what happened, examine the person’s injuries and make sure all stories match up, Ratliff said — just like any other investigation.

The person who pulled the trigger could face criminal charges depending on the circumstances surrounding the incident, Ratliff said; and those possibilities increase if someone other the person holding the gun in injured.

Rasche said the victims in the accidental shootings he’s handled are usually experienced gun owners who make a mistake; but he admits an apparent increase in first-time gun owners in the county leaves a lingering concern these accidents could increase.

Indiana State Police statics show 9,614 Hancock County residents had active handgun license in 2014; that number jumped to 10,715 in 2015. The license allows a resident to carry a handgun with them in public places.

New gun owners aren’t required to take firearm safety classes before buying or receiving their license, although police officers recommend such courses, they say.

Whether the gun owner is newly licensed or has handled a weapon for years, when it comes to gun safety, it’s best to stick with the basics, Rasche said.

Police officers are taught to always treat their firearm as if it were loaded; keep their finger off the trigger unless they are ready to shoot; and point the firearm in a safe direction.

Rasche said he recommends any gun owner follow those same guidelines.

“When people cut corners, that’s when accidents happen,” he said. “That’s a hard lesson to learn.”

http://www.greenfieldreporter.com/view/local_story/2-injured-after-accidental-sho_1455154091

Staying safe
Tips for safe gun handling:

1. Always keep the muzzle pointed in a safe direction.

2. Leave firearms unloaded when not in use.

3. Don’t rely on a gun’s “safety” mechanism. Operate as though the gun is always able to fire.

4. Be sure of your target, as well as what is beyond it.

5. Use the correct ammunition.

6. If the gun fails to fire when the trigger is pulled, proceed with caution.

7. Wear eye and ear protection when shooting.

8. Be sure the barrel is clear of obstructions before shooting.

9. Never modify a gun by hand, and have your firearm serviced regularly.

10. Learn the mechanical characteristics for the firearm you use.

Source: National Shooting Sports Foundation

http://www.greenfieldreporter.com/view/local_story/2-injured-after-accidental-sho_1455154091






EX-49ERS WR ACCIDENTALLY SHOOTS HIMSELF ... Charged with Crime

(2-10-16)   Here's a case of actually adding insult to injury ... because a former NFL wide receiver accidentally shot himself with a loaded gun -- and was then charged with a crime ... TMZ Sports has learned.
The man behind the trigger is 30-year-old Josh Morgan -- who spent 7 seasons in the league with the 49ers, Redskins and Bears.
TMZ Sports has learned ... cops in Virginia responded to a report of a man with a self-inflicted gunshot wound around 9 PM on January 31st.
We're told Morgan claimed he was cleaning the weapon when it accidentally went off ... leaving him with non-life threatening injuries.
He was hospitalized and we're told he'll be okay -- but now he's got a new set of problems because he's been charged with misdemeanor reckless use of a firearm and has a court date in March.
A rep from Morgan's camp tells TMZ Sports ... "He's fine. It was a simple accident."

http://www.tmz.com/2016/02/10/ex-49ers-wr-accidentally-shoots-himself-hospitalized/#ixzz3zqypfSiG






1-Year-Old Girl Fatally Shot in Her Crib in Compton

Compton, Ca  (2-10-16)  A 1-year-old girl was resting in her crib, surrounded by family members inside a converted garage in Compton, Calif., when a bullet came through the garage door and struck her in the head, leaving her mortally wounded.

The authorities said they were investigating the shooting on Tuesday night as possibly gang-related, and the police were hunting Wednesday for two men who witnesses said had sped off in a dark-colored four-door sedan after the shooting.

The Los Angeles County medical examiner’s office identified the girl as Autumn Johnson. She is not the only young child killed by gun violence this year. According to the Gun Violence Archive, 20 children under the age of 11 have died from gunshots so far this year.

The Los Angeles County Sheriff’s Department said deputies were called to the neighborhood about 7 p.m. after reports of gunfire. A witness told NBC Los Angeles that he had heard 10 to 12 shots.

Officers arrived at a home on North Holly Avenue to find the girl with a gunshot wound to her head, the authorities said in a statement. The officers took the girl and her father in a patrol car to a hospital, where doctors tried to save her. She was later pronounced dead.

The girl’s mother, Blanche Wandick, told KTLA5, a local television station: “My innocent baby got shot for nothing. She was sitting, just standing in her crib, and out of nowhere, gunshots. I miss my baby, I love my baby, but she’s gone, and I appreciate anybody who’s helping and trying to find who did it.”

The family lived in the converted garage, NBC Los Angeles reported. Lt. John Corina, a deputy with the sheriff’s department, said in televised remarks that the bullet struck the garage door before leaving the 1-year-old mortally wounded.

The list of recent gun fatalities involving children includes Tyshawn Lee, 9, who was killed in Chicago in November. The police said he was shot dead in an alley because of his father’s gang ties, The Associated Press reported. Prosecutors said a 27-year-old suspect, Corey Morgan, had shot the boy as retribution during a monthslong feud.

In January, a 3-year-old shot and killed himself after finding a gun his father kept for protection in a Lumberton, N.C., convenience store.

On Saturday, Kimberly Reylander, 9, was accidentally shot and killed by her 3-year-old brother in Irondale, Ala.

A woman and her 2-year-old toddler were shot dead in Fort Washington, Md., on Feb. 2.

Another woman and her 10-year-old son were killed in Meadow Lakes, Alaska, on Feb. 1.

And the girl in Compton was not the only 1-year-old killed by a gunshot this year. In Dayton, Ohio, a 13-month-old boy was killed by shots fired from a passing car on Jan. 14.

http://www.nytimes.com/2016/02/11/us/1-year-old-killed-in-compton-shooting-police-say.html?_r=0






Police blotter for February 10:  Accidental shooting

Kings Mountain, NC  (2-10-16) On Feb. 2, a resident of Church Street reported an accidental shooting in which a Taurus 357 Magnum revolver handgun was discharged resulting in an arm injury.

http://kmherald.com/police-blotter-for-february-p9341-144.htm









Negligence News:



No Immunity for Cop Who Killed Elderly Man (2-10-16)

 BOSTON (CN) - A Framingham, Mass., police officer will have to face trial after accidentally shooting and killing an unarmed, elderly black man, the First Circuit ruled.
     Eurie Stamps' family sued for wrongful death and a violation of his Fourth Amendment rights after Framingham police officer Paul Duncan accidentally shot Stamps in the head while he was facedown in his home during a SWAT raid, according to the ruling.
     More than 10 SWAT team members raided Stamps' home in January 2011, executing a search warrant on suspicion that Stamps' stepson, Joseph Bushfan, was selling crack cocaine out of the apartment with another person that police wrongfully believed lived in the home, court records show.
     The raid, which took place after midnight, involved the use of a flash bang grenade tossed through the window of the kitchen while officers used a battering ram to breach the apartment.
     Stamps was in the hallway of the apartment when the SWAT team entered, and he was immediately ordered to get on the ground, the ruling states.
     Stamps reportedly put his hands out and complied. While he was on the floor, face down, Duncan pointed his gun at Stamps, which he had switched from safety to semi-automatic. At some point, Duncan accidently fired, killing Stamps.
     Review of the incident found that Duncan thrice violated safety protocols, by setting his gun to semi-automatic without a perceived threat, by pointing the gun at Stamps instead of in a safe direction, and by resting his finger on the gun's trigger.
     Although the town acknowledged that Duncan violated safety protocols, the town moved for Duncan to be protected by qualified immunity, arguing that the shooting was accidental and did not violate the Fourth Amendment.
     The Boston-based appeals court rejected that reasoning Friday.
     "Where an officer creates conditions that are highly likely to cause harm and unnecessarily so, and the risk so created actually, but accidentally, causes harm, the case is not removed from Fourth Amendment scrutiny," Judge Sandra Lynch wrote for a three-member panel.
     Qualified immunity shields government officials from civil liability as long as the official's actions did not violate statutory or constitutional rights. Framingham and Duncan argued that the officer should be protected because the fatal shot was unintentional, but the First Circuit didn't buy it.
     "The heart of their argument is that regardless of Duncan's actions leading up to the moment he pulled the trigger, the inadvertence of the shot shields him from Fourth Amendment scrutiny," Lynch wrote. "We cannot agree. The defendants' proposed rule has the perverse effect of immunizing risky behavior only when the foreseeable harm of that behavior comes to pass."

http://www.courthousenews.com/2016/02/10/no-immunity-for-cop-who-killed-elderly-man.htm





Utah bill would protect gunmakers, sellers from lawsuits

(2-10-16)  Gun manufacturers, ammunition makers and firearms sellers would be protected from lawsuits by victims of gun crimes or accidents under a bill being proposed in the Utah Legislature.

HB298, sponsored by Rep. Justin Fawson, R-North Ogden, copies language already in federal law and extends to the firearms companies immunity from lawsuits that might be filed at the state court.

"What it does is mirror the federal act at the state level," Fawson said. "The problem really has been that the federal act is being challenged, so if something happened to the federal act, I want to make sure we have the same protections for manufacturers."



The effect, if the bill becomes law, would be that a victim of a gun crime or accidental shooting would not be able to sue the gun maker, ammunition producer or the gun seller unless the plaintiff can show there was "gross negligence, recklessness, or intentional misconduct."

"There's no immunity if something illegal happens," said Fawson.

But the bill sets a much higher bar for plaintiffs than is currently in law for anyone who might seek to sue a gun-maker or retailer.

Such lawsuits do not appear to be plaguing the courts and Fawson could not point to an influx of cases.

In 2008, two survivors of the Trolley Square massacre — Carolyn Tuft and Stacy Hanson — sued Rocky Mountain Enterprises and Sportsman's Fastcash & Pawn, which sold the pistol-grip shotgun to 18-year-old Sulejman Talovic — a violation of federal law prohibiting the sale of such shotguns to customers under 21 years old.

Talovic opened fire in the shopping mall, killing five, including Tuft's 15-year-old daughter, Kirsten Hinckley. Hanson was shot three times and is a paraplegic. Tuft was also wounded, has lead pellets lodged in her body and suffers ongoing complications.

Both lawsuits were settled in 2013. The terms of the settlements were confidential.

The Utah Association for Justice, which represents the state's trial lawyers, said Utah consumers — including gun owners — deserve the existing protections of the U.S. and Utah constitutions.

"This bill, as currently drafted, removes the right of a law-abiding, card-carrying NRA member from bringing a negligence action against a gun or ammunition manufacturer or seller when that manufacturer or seller ... acts irresponsibly and unreasonably causing harm to the law abiding gun-owners of Utah," the association said in a statement.

The UAJ argues that there are no examples of "maverick judicial officers or juries" that have expanded the gun-makers' liability and the law could have "potential unintended consequences on legitimate, well-founded lawsuits."

The federal language giving gunmakers immunity has become a point of contention in the Democratic presidential campaign, with Hillary Clinton accusing Vermont Sen. Bernie Sanders of flip-flopping on the issue.

Sanders voted for the immunity in 2005. Now Sanders is co-sponsoring a bill to repeal the immunity language.

It's the potential for repeal that has prompted Fawson's bill.

"It's more of a protection on the state level because of the potential impact at the federal level," Fawson said. "It also reasserts our Second Amendment rights … and calls out those specifics about gun manufacturers, which we have a lot of in Utah."

The bill is awaiting a hearing in the House Law Enforcement and Criminal Justice Committee.

http://www.sltrib.com/home/3524036-155/utah-bill-would-protect-gunmakers-sellers




















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