(FL) Lawyer wants to settle -- for rifles


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Drizzt
February 27, 2003, 03:23 PM
Lawyer wants to settle -- for rifles

An assistant state attorney smacked by new courthouse doors requests an unusual settlement of the county: two hunting rifles with power scopes.

By CARRIE JOHNSON, Times Staff Writer
© St. Petersburg Times
published February 27, 2003


--------------------------------------------------------------------------------

INVERNESS -- His hand was crunched by a security device meant to keep weapons out of a courthouse. Now a local attorney has asked for two high-powered rifles as retribution.

After being injured in January by the automatic doors at the entrance of the new courthouse addition, Assistant State Attorney Jeffery Smith wrote a letter to Citrus County government requesting the firearms in exchange for clearing the county of liability.

"I propose the following," Smith wrote in the Feb. 21 letter. "I don't know if it can be done directly, or if the county will have to cough up the cash so I can do it. I want two rifles with scopes and reloading dies."

Smith asked for two Ruger hunting rifles equipped with power scopes. He estimated the retail value at about $2,000.

Smith said the offer was not subject to negotiation.

"If the answer is yes, all that is left is the 'how,' " Smith wrote. "If the answer is no, the county will be joined in my suit. I am sure that the expense to the county will far exceed my request."

Smith sent copies of the letter to members of the County Commission, the county administrator and to the county attorney's office, where it immediately raised a few eyebrows.

"If he had asked for a lawn mower, that would be one thing," said County Attorney Robert Battista. "When you ask for a gun, there's an immediate response, visceral as much as anything."

Battista said it will be up to the county's insurance adjuster to make the final decision. But as a rule, the county gives cash, not goods, to settle legal matters.

"We don't want to be purchasing guns for the general population," he said.

Smith said he was trying to give the county a break. Insurance companies frequently have warehouses filled with recovered items, which would save them the cost of paying top retail price.

"If I had known the furor this was going to create, I would have just asked for the cash," Smith said Wednesday.

Smith was one of several people clobbered by the security door shortly after the courthouse addition opened Jan. 6. The doors are designed to shut in case of a security breach, one of several safety features included in the 40,000-square-foot addition.

Smith passed through the doors on the way to work in the courthouse the morning of Jan. 9 and felt a sharp squeeze on his left wrist. When he looked down, his hand was trapped in the sliding panes of plastic.

He went to Citrus Memorial Hospital, where his wrist was examined for fractures. He has been wearing a splint on his left hand since the incident, but no bones were broken.

The following Monday, the glitch was repaired and no other accidents have been reported.

The guns requested by Smith are typically used for hunting big game, such as elk or moose, according to a Ruger Web site.

Smith is an avid hunter and is active in the National Rifle Association, Ducks Unlimited and the National Wild Turkey Federation.

He has traveled to Africa four times on safari and makes hunting trips to the northern United States and Canada on pheasant hunting excursions.

Smith said he planned to donate one of the rifles to the Safari Club International and give the other to a friend.

Smith said he proposed the deal because he was frustrated by the treatment he received from county officials. County Administrator Richard Wesch canceled a scheduled appointment, and the claims adjuster said the county wasn't liable for his injury.

"I felt like I was really getting the runaround," Smith said. "That's why I wrote the letter."

Smith did not use stationery from the State Attorney's Office to write his letter, nor did he refer to his position as an assistant state attorney.

State Attorney Brad King, who was informed of the letter by the county, said he has no authority in the matter because Smith was acting as a private citizen.

But after a discussion with Smith, King said he wished his colleague had simply asked for the money.

"If he had just written a letter and said, 'I want $2,000 as a settlement,' I don't think anybody would have said a word," King said.

http://www.sptimes.com/2003/02/27/Citrus/Lawyer_wants_to_settl.shtml

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Dave P
February 27, 2003, 03:48 PM
Sounds like a great idea to me!

Pendragon
February 27, 2003, 04:08 PM
I think its funny.

The guns are property with a specific value. He asked for something that is actually pretty easy, yet they are getting hung up on the symbolism and subtext.

I think they actually have a duty to the taxpayers to settle this quickly and cheaply and to not settle this way for imaginary reasons would be a breach of their fiduciary responsibility.

Good on 'im! :D

AZTOY
February 27, 2003, 04:22 PM
We need Mr. Smith on the THR he would fit right in!!:evil:

Drizzt
March 5, 2003, 05:37 PM
St. Petersburg Times

March 4, 2003 Tuesday

SECTION: CITRUS TIMES; Pg. 2

LENGTH: 414 words

HEADLINE: Settlement request for rifles way off target

SERIES: EDITORIAL

BODY:
Jeffrey Smith said he was only trying to be helpful. But his proposed settlement with Citrus County for an injury he suffered at the new courthouse addition is causing more trouble than he ever imagined.

In a recent letter to the county, Smith suggested a deal: He would drop the matter if the county were to find him two expensive, high-powered rifles.

The offer raised concerns for several reasons. For one, county officials are rightly troubled by an offer that turns them into arms brokers.

"We don't want to be purchasing guns for the general population," County Attorney Robert Battista said.

For another, Smith should be aware of the potential for mischief that his request creates. As a state prosecutor, Smith no doubt is all too familiar with the troubles that firearms can cause for the law enforcement community.

Even though Smith intended to give the weapons away to presumably law-abiding citizens and organizations, imagine the repercussions if one of the powerful weapons were to fall into the wrong hands at some later date. Would the county or Smith like to be responsible for setting in motion that chain of events?

Such a circumstance would be unintended, of course, but Smith should be painfully aware that accidents can and do happen.

After all, it was an accident in January when a security door at the new courthouse addition closed on his hand that started this saga.

Smith explained that he was merely trying to think creatively when he proposed the settlement.

Rather than simply ask for cash, he figured he might be able to help the county save some money by asking for the firearms. He pointed out that insurance companies often have recovered items in storage; and if the county's insurer could locate a couple of Ruger rifles, with scopes and reloading dies, in the backroom, it would be a cheap solution.

Now, he regrets his unconventional thinking. "If I had known the furor this was going to create, I would have just asked for the cash," he told the Times.

After the recent razzing that Citrus County suffered at the hands of a Boston Globe columnist who portrayed our community as a few steps below Mayberry, Smith's gambit unintentionally is providing ammunition to those who would poke fun at us.

Citrus does not want to get a reputation as a place where law officials try to barter with the county for high-powered guns.

Smith, an avid hunter, meant well with his suggestion. Unfortunately, his idea missed the mark.

P12
March 5, 2003, 05:54 PM
Now, he regrets his unconventional thinking.
When talking about something that involves the guberment..

unconventional=common sense

Sad state of affairs when "common sense" vapor locks the system.

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