Genius in Evergreen Shoots Bears

[Bailey Guns]

It's not clear whether the homeowner shot with the realization that the third round was a lethal round. He may have simply made the mistake of not being aware of his loading sequence. If that's the case, the lack of intent should take it out of the felony category. It's a lesson for anyone in that situation.

Doesn't matter. The statute for this, Illegal Discharge of a Firearm, requires the mental state of "knowingly" or "recklessly"...not intentionally. If he didn't know, forgot or was confused then he was reckless in the handling of his gun. It's a Class 5 felony and it applies.

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Doesn't matter. The statute for this, Illegal Discharge of a Firearm, requires the mental state of "knowingly" or "recklessly"...not intentionally. If he didn't know, forgot or was confused then he was reckless in the handling of his gun. It's a Class 5 felony and it applies.

I predict a partial/full acquittal...

http://www.thedenverchannel.com/news...rosecutors-say

The homeowner, Daniel C. Williams, 50, is being charged with:

• Illegal discharge of a firearm (felony)
• Aggravated cruelty to animals (felony)
• Shooting from a public road (misdemeanor)
• Illegal possession of wildlife (misdemeanor) - 2 counts
• Black bear hunting out of season (misdemeanor) - 3 counts

[snip]

Wildlife officials told 7NEWS they have been working with this resident to address the issues of bears on his property. Williams had acquired the rubber buckshot from Colorado Parks and Wildlife.

The problem the prosecution is going to have is if the state provided the rubber buckshot how can they prosecute him for using his weapon? It can be perceived as the state giving him license to use the shotgun on bears (obviously with the understanding it's non-lethal[ish]). A lethal load can easily be put into the mistake or the panic column.

That's a lot of overcharging for using a weapon he can claim the state directed him to use. How would we treat LEO for the same mistake? We're talking about animals here, not people.

And it's comical to me that the Class 5 felony carries more prison time than some violence sex offenders serve. Odds are good he wouldn't do that time, but still. I almost wonder if civil penalties wouldn't be better in cases like this where no one is injured. Make him pay to repair the neighbor's home and buy bear-proof garbage cans/dumpsters for the neighborhood. Then maybe a hefty fine to be spent managing the bear population. Everyone wins and the guy isn't a felon for doing something that was common place not too long ago.