Guns Are Great for Night Time Hunting!

A Milesburg Pa man killed his girlfriend after a little night time hunting accident.  Didn't you know? Night time is the best time to get all shooty with your hunting rifle while you and your sweetie are crawling around in the dark.  This is an excerpt from Cliff White's story at CentreDaily.com:
Troy Tierney (pic), 25, pleaded guilty to involuntary manslaughter in May. Judge Pamela Ruest handed out the maximum sentence for the crime — two-and-a-half to five years in state prison. Tierney also must pay a $1,000 fine for game law violations.

“Life was lost. A very young woman has a family now that visits her at a gravesite, and that will never change,” said District Attorney Stacy Parks Miller. “Based upon the gravity of the offense and the effect upon the victims, we thought that was an appropriate sentence and the judge agreed.”

In 2009, Tierney and 21-year-old Racheal Perryman were poaching deer after dark in the woods off state Route 504 in Union Township when they became separated and Tierney shot Perryman.  Tierney told police he shot at a moving object in the woods and didn’t know it was Perryman. He was on multiple prescription  medications at the time and police reported him to be stumbling and talking with slurred speech at the crime scene.
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What a thing to live with for the rest of your dumbass life.

Did Senator Klein Really Point Her Loaded Hot Pink Pistol at a Reporter? Yep!

Sen Klein with her laser-sighted  Pink Ruger

Transcript of the interview wiht Senator Klein:

Klein: A friend of mine said, it looks like a water pistol. I'm like, yeah, wait until you see the laser pointer.

Henle: It has a laser on it?

Klein: Yeah. Yeah. I showed it to you.

Henle: I didn't see the laser part.

(Simultaneous) Klein: I pointed it at him.

(Simultaneous) Ruelas: She pointed it at me.

(laughter)

Ruelas: With the safety on, you pointed it at me.

Klein: No, there is no safety on that.

Ruelas: OK.

Klein: I just didn't have my hand on the trigger, god.

Ruelas: Oh no, but it does look, I mean, if I could see it again, it does look like a, like a, makeup bag . . .
Henle: There's no safety on that?

Klein: Yeah, no. There is no safety.

Ruelas: ... it looks like you're carrying sunglasses in there, I mean . . . actually, yeah.

Klein: I won't point it at you.

Ruelas: I have sunglasses. It's about that size . . .

Klein: So OK, this is the laser. Look, look, that's the laser. But see this gun is basically for self protection.  You're really accurate 20 feet away from you. Do you know what I mean? That's basically ... now, notice, I don't have my hand on the trigger. There is no safety on this gun. But you have to really pull the trigger, to you know, it's a harder trigger. That's part of your safety.
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At the AZCentral website you can follow this controversy which is a fascinating sidelight to the larger article I linked to yesterday about the gunslinger legacy in Arizona. 

Oh, and more on Senator Klein.  At her campaign website Klein first listed endorsement....?  Sheriff Joe Arpaio, big surprise, there, uh huh?

Arizona Republic Special Report on Arizona's Gunslinger Mentality

Legislator Lori Klein with her Pink Ruger .380

The Arizona Republic is running a special report on its "Gunslinger Legacy."  Want to know why this country is gun nuts, you might find some answers in this terrific special series at AZCentral, the Republic's Internet portal. 

A Really Bad County Commissioner

Since this video report, Stephen Nodine was indicted for the murder of Angel Downs, a Mobile Alabama-area realtor;  and,  a Mobile County Grand Jury "impeached" commissioner Nodine according to AI.Online.  Alabama law is very interesting, if you watch he video you'll see that County Commissioners can not only be issued vehicles for their use, but County officials are issued guns!  It'll be remarkable if Angel Downs proves to have been slain by a county-issued firearm.  Of course, in Alabama, killing your girlfriend with a county-issued handgunn is probably some sort of protected right under the state consitution. 

Nodine who carried on an extramarital affair with Angel Downs was seen partying with her at a local beach on the day of her homicide.  The Commissioner's county issued "pick up" was seen speeding away from the scene or Angel Down's fatal shooting.  Marijuana was seized from the county-owned truck;  and,  after the shooting Nodine hospitalized himself. 

In March, Nodine, a Republican  accused the democratic District Attorney of "hurting crime fighting" becuase of efforts by the District Attorney to crack down on illegal gambling.

One of the more interesting aspects to this story is that the "impeachment" proceeding appears to be embedded in the indictment procedure before the County Grand Jury.  

Oh well, I guess, Stephen Nodine had some unresolved issues.  They appear to be resolved. 

Second Amendment--Gimmee My Guns!

As we have seen, here on Bad Lawyer, with the series on the Tennessee legislature efforts to enact its Guns in Bars and Restraurant laws, the wholly-owned moron contingent of yours or OurState legislature believe the constitution was designed primarily to put guns in the hands of everyone.  This last week I bumped into two more legislative efforts looking out to protect our gun-related wants and desires whether we knew we had such wants and desires, or not.

Law-givers in Nebraska according to the Journal Star want you to be able to shoot your gun off at any ol' person who's in your house at any ol' time even if there is no threat.  Sort of makes sense if you imagine that there might never be a situation when some strange person is in your house, like a relative, a returning chile on a surprise visit, ...just go ahead and shoot 'em.  Soon it will be okay in Nebraska to blast away.  By the way, the police, and law enforcement are majorly opposed to this bright idea, imagine how many times they find themselves in the shoes of the unidentified intruder?

In Arizona, the morons at the State capitol are trying to enact legislation to allow concealed guns to be carried without the necessity of obtaining a permit, and all that unnecessary background checks to figure out if maybe you are a criminal or certifiably insane.  In a report at the Arizona Republic's website, azcentral.com you will learn that in Arizona, you already can wear one strapped on like John Wayne, but this is just the next logical step in your freedom and liberty unless of course you get killed by one of these concealed weapons.  Oh, by the way, the police and law enforcement don't like this idea, either.

Boys and Their Toys--Part 6 The Police Let a Little Boy Play with a Micro-Uzi and Die

According to the Boston Globe website, Masslive.com this story  was all over the news.  I confess, I missed it.  Apparently the fat pig in the pic is Edward P. Fleury former Police Chief of Pelham, Mass, and a major gun-fondler.  He was the organizer of an annual let's play with our assault weapons outing at which a 8 year old child was allowed to shoot a "mini-uzi."which I take to be a smaller version of the famous Israeli submachine gun.   This is from Buffy Spencer's update of legal proceedings against Fleury, and others:

"A June 1 trial date is set in Hampden Superior Court for the first defendants being prosecuted in connection with the 2008 shooting death of an 8-year-old boy at the Westfield Sportsmen’s Club.

Prosecution and defense lawyers agreed this week to the trial date for former Pelham Police Chief Edward B. Fleury and the club. They face manslaughter charges for the death of Christopher K. Bizilj during a gun exposition on Oct. 26, 2008.   The boy, of Ashford, Conn., died after suffering a wound to the head when he lost control of a Micro Uzi submachine gun he was firing."
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Nice. 

Maybe my lack of compassion for these asshats is predicated on my lack of interest in weapons.  I have no desire to hold, or shoot, or hear weapons.  I was 17 when I went into the U.S. Army, and almost 21 when I was released.  I spent three years with weapons large and small, these devices are utilitarian machines intended to kill.  They make bone rattling noise--I lived at Fort Knox for 3 months, the firing never stops--morning noon, nor night.  When my time in the Army was over, I had no further interest in guns.  Likewise, I was trained and schooled in mechanics, after my time in that job was over--I have no desire to go play with ratchets, wrenches, and screwdrivers. 

Yes, I can understand that there are men and women who are curious, go to a range (at the proper age,)  Shoot the guns, go home.  Get over it.

Traffic Court, That Calls for Packing Heat

According to the Oregonian, this idiot (pic) showed up for a traffic court case with a loaded 45 cal. handgun.

Grant H. Thomas claims, reports of shootings made him think, packing heat was appropriate.  Apparently the court house near Beaverton, Oregon lacks metal detectors, but the gun was spotted by an undercover detective when the semi-automatic fell out of the waistband of his pants, and Mr. Thomas retrieved it and stuck it back in his pants while he was in the municipal parking lot.  Mr. Thomas was able to get on the witness stand before security was able to react. 

Oh, and when the police searched his car, which they are entitled to do pursuant to a lawful arrest they found a loaded AR-10, .308 caliber rifle. 

Good one.

My Dad's Gotta a Gun, Naked Man Runs

South Bend, Indiana has had a wealth of wonderful, gun-related stories this last week. 

Here we have the report of the Dad confronting the 20 year old nude boyfriend of his 16 year old daughter found hiding under the bathroom sink(?!)--let's let reporter South Bend Tribune reporter Alicia Gallegos give the official version:  "A 61-year-old father was given a suspended sentence today for shooting at his daughter's boyfriend after discovering the nearly nude man inside his home.  Michael Falls was originally charged with two counts of criminal recklessness, Class D felonies, for the events that took place at his house in the 60100 block of Cedar Road in St. Joseph County.  Falls previously pleaded guilty to firing shots at his 16-year-old daughter's boyfriend in June, one of which grazed the side of the man's head. The father reportedly became angry after finding the 20-year-old man hiding beneath the family's bathroom sink wearing only a towel."

Mr. Falls received a one year prison sentence, suspended and one year of active probation.

Guns

According to a report at the New Orleans Times-Picayune website, a 3-year old toddler, pulled a gun from inside the door of his off-duty police officer/father's Rayville Township patrol car, shoots, and  kills his 3-year old cousin..   Another avoidable gun-related tragedy that will just keep on giving for all involved. 

I Don't Make This Stuff Up!

Christropher Todd Cady shot his step son in the chest with a pellet gun to teach him a lesson. 

The St. Lucie County, Florida man was charged with felony child abuse according to the report at TCPalm.com.  According to the report, the step son received the pellet gun as a Christmas present.  The recipient of the pellet gun went outside to "play" with his new gun;  promptly shooting his autistic cousin in the ass.  Moron, "Dad" then decided on the course of corrective action of deliberately shooting his son. 

Nice.  I'm guessing this is a mobile home community you might want to avoid.

Noooooooo! Third Small Child Shot Over Holiday Weekend!

This story from San Antonio, Texas.  Mysanantonio,com reports on the Pipe Creek, Texas moron cleaning his loaded handgun resulting in the shooting of his 2 year old in the head.  Amazingly 2 year old Kalia Wallace did not die;  remarkably she is recovering and she is listed in stable condition following the accidental shooting.  Two other small children were in the mobile home at the time of the accident.  Sheeesh! 

Detroit Man Shoots 4 year Old Step Son While Cleaning His Gun

Mlive.com is reporting on the Detroit man who shot his 4 year old Step Son while cleaning his handgun.  'Cause God knows, you just can't wait until the brat's in his crib to take care of these important Second amendment-protected chores.

I think this makes two toddlers, this holiday weekend, alone!  Damn.

Hillbillies With Guns!

The other day I found it necessary to defend  my use of the ethnic description, "Hillbilly." 

I am a hillbilly.  I was born in the deep south, I grew up in rural areas, places where the resurgent Klan flourished in the 1920(s).  At various times I worked and I lived in the South throughout my adult life.  I vacation in the South.  Everyone in my family if not actually a hillbilly, sounds like a hillbilly 

Many members of my family own and shoot guns.  I owned and shot weapons of all sorts both in and out of the military service, although I won none now.

But, hillbillies with guns, especially drunk hillbillies with guns, give me the willies.  And let me be clear, all drunk white people waiving gusn around are "hillbillies with guns."

 

Today, the Charlston Gazette is reporting that 24 year old, Hannah Danielle Workman's 4 year old toddler was shot in the lower leg by her 16 year old boyfriend in what appears to be an "accidental," Christmas day shooting.  The authorities have charged Mom with neglect, and they're looking for the boyfriend.  No word from the NRA, yet.

I Shot Him Once as a Warning, the Next Two Times Was Self-Defense!

Amazing legal defense being presented to a Lorain County, Ohio jury;  lawyer, Kenneth Lieux, attorney for local drug dealer, Terry L. Little,  is defending Mr. Little on charges that he killed a competitor, Lewis Turner. in a Lorain, Ohio McDonald's parking lot in July, 2007.  In his opening statement attorney Lieux admitted that Mr. Little shot  Mr. Turner with .380 automatic pistol, "as a warning," but the next two shots from his other gun, a .22 pistol, were in self-defense.  I'll keep an eye out on this one, if Mr. Lieux can sell this story to a jury, he may have a higher calling than just the law.

For more:  http://chronicle.northcoastnow.com/2009/12/09/defendant-claims-self-defense-as-lorain-murder-trial-opens/

I Don't Believe in You. Give Me Money!

Pastor Robert Neil Joos does not recognize the US government, but has filed a lawsuit seeking $23 million from it/us, anyway.

The Reverend Joos is one of those aluminum-foil-hat-wearing-right-fringe white supremacist whack jobs.  His church, the Sacerdotal Order of the David Company operated from a 200 acre compound in McDonald County, Missouri and was raided by federal authorities after ATF undercover agents investigating the racially-motivated bombing of a Scottsdale, Arizona man.  The 2004 raid of the Joos compound resulted in the discovery of an arsenal of guns, ammo, and dynamite.  Joos, a felon, can not possess firearms; notwithstanding,  Pastor Joos' federal lawsuit claims Second and Fourth amendment violations.  He'd like the federal government to pay him $23 million and go away.  No word yet from the U.S. District Court on how quickly the Reverend can expect justice to be done in his civil lawsuit.  Does the expression: when Hell freezes over come to mind?  For more on this dangerous clown and his scary cronies:

http://www.neoshodailynews.com/news/x1945271353/Joos-seeks-23-million-from-federal-gov-t

http://luckydogwms.typepad.com/lucky_dog_blog/2009/06/big-news-on-big-sugar-creek-1.html#comments

http://www.joplinglobe.com/local/local_story_176221119.html

and the inestimable:

http://crimesceneinvestigations.blogspot.com/search?q=robert+joos

Guns in Bars!

The Tennessean is reporting that the Guns-In-Bars law enacted over Governor Bredesen's veto and the nearly unanimous objection of Tennessee's Bar and Restaurant lobby, was struck down by Davidson County (Nashville) Judge Chancellor Claudia Bonnyman.

According to the Tennessean,   "The legislation, passed by the Tennessee General Assembly earlier this year, allowed people with handgun carrying permits to bring guns into bars and restaurants, so long as they were not drinking. Establishments were allowed to 'opt out' of the bill, by posting a no-handguns sign on the front door.

"Nothing says 'family-friendly vacation' like a sign assuring Mom that no shots would be fired while Junior eats his chicken fingers.

"'It was almost worse than the law allowing it,' Spyridon said. 'It compounded the problem. I am a supporter of the Second Amendment, but guns and alcohol don't mix. For an industry like us, you want and have to convey a safe environment.'"

The Tennessean, reports that nearly a quarter million Hillb..., er, Tennesseans have handgun permits.  

We Need to Choose to Be Aware!

I struggle with the idea of "duty" since the concept implies legal obligation for which a court may impose a sanction.  The reality is that there are myriad decisions that we make in the course of any given hour, day, week, and year that fall far below any legal conception of duty but which result in outcomes: good and bad and disastrous .  We engage in magical thinking when we we exclaim: "why me," "woe is me," and "what the fuck."  Instead of duty let's talk about choice, the need to choose to be aware.

As a rule, I don't like to comment on the BIG STORY which right now is the Fort Hood massacre allegedly perpetrated by Major Nidal Hasan, but the report by NPR: http://www.npr.org/templates/story/story.php?storyId=120540125 that Hasan's bosses were sending up flares about this character perfectly encapsulates a couple of ideas that I've been pursuing, here.  Right now, there's a lot of what-the-fuck thinking going on about Major Hasan, when in reality hundreds if not thousands of shitty decisions put Nidal Hasan precisely in the place where with guns blazing.  Major Hasan writes another chapter in that book we edit that marks out America as an obsessively violent place.

On another day I'll talk about some of the cases where I've encountered seemingly inexplicable employment decisions--that ended up costing the employer dearly.  But today, I'll not trivialize the Fort Hood disaster with anecdotes from the Bad Lawyer.  By the way the title of this blawg entry is a direct quote from Yehuda Berg, the Kabbalist Rabbi--who I heard speak at an event last night (and, no the Bad Lawyer is not Jewish or related to Madonna.)

What a Dick! Part Deux

When last seen North Carolina Senator Richard Burr was busily stacking crates fulls of money he collected from defense contractors and the Chamber of Commerce for, inter alia, opposing the Franken amendment that barred mandatory arbitration provisions in defense contracts.  You know, those provisions in employment contracts that bar workers from speaking out and going to court for trivial grievances like, getting kidnapped and gang raped.

Now the former lawn equipment sales manager is sponsoring legislation to enable mentally ill veterans to get and keep, and bear arms.  According to the Library of Congress/Thomas Blog Senate Bill 669 would protect the 2d amendment rights of mentally incapacitated veterans.  See:  http://www.thomas.gov/cgi-bin/bdquery/z?d111:SN00669:@@@D&summ2=1&

What a Dick!

Judge Not, Less You Be Judged: the Cops can fill you with Lead!

Bad Lawyer went to law school with a bunch of smart boys and girls.  I noticed that the really smart gurrrrllll, who became a US District Judge was bawled out by the Sixth Circuit Court of Appeals, yesterday, for "exactly the sort of theoretical speculation that the courts are prohibited from engaging in." Judge Kate O'Malley wrote a 54 page opinion refusing to throw out the civil lawsuit filed by Brandon's relatives.  Judge O'Malley "speculated" that jurors just might think that the cops were slightly excessive when they filled poor 15 year old Brandon McCloud with lead.  See, Dorothy Chappel v. City of Cleveland, CA6 08-4456  see: http://www.ca6.uscourts.gov/internet/index.htm.

The facts of this case are just...well, reasonable men and women, "speculate" for yourself.

Brandon was in his bedroom, the cops were in the home searching for evidence relating to the robbery of a pizza store.  Brandon was hiding in his room with a matress set up to block the door.  He had a knife in his hand.  The cops had 9 millimeters.  Brandon was on one side of the mattress, the cops the other.  Brandon did not lunge or otherwise attack Cleveland's Boys in Blue, but Brandon also didn't drop the knife quickly enough according to the cops.  Cleveland's finest pumped 10 rounds into the former-fifteen year old.  

The US constitution has this not very important provision, well not nearly as important as the right to bear arms, but well it's the Seventh Amendment it goes something like this :   In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.  When Judge O'Malley was "engaged in impermissible speculation" she was making a decision in a FRCP Rule 12(b)(6) proceeding that implicated this little known constitutional right.

Bad Judge!