Cheap handguns+ Beer+ Cousins=Death


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CentralTexas
December 23, 2005, 09:42 AM
http://www.statesman.com/news/content/news/stories/local/12/23shooting.html
Accused says horseplay led to slaying
Manor man told police gun accidentally went off, killing his cousin
By Miguel Liscano
AMERICAN-STATESMAN STAFF
Friday, December 23, 2005
HAYS COUNTY The night began last Saturday with a fish fry, friends and a shiny handgun in a coat pocket. It ended with one shot killing 22-year-old Isai Garcia.
Wednesday evening, Hays County sheriff's officials charged Cornelio A. Rodriguez, 22, of Manor with manslaughter, a second-degree felony punishable by up to 20 years in prison. He was being held in the Hays County Jail in lieu of $350,000 bail.
According to an arrest warrant affidavit, Rodriguez told investigators that he and Garcia were fiddling with the gun in a back shed the night of the party in the 3800 block of Dacy Lane, east of Kyle. They tried to fire a shot, the affidavit said, but the gun wouldn't work.
After each took turns jokingly pointing the gun at his own head, the affidavit said, Rodriguez took the 9 mm semiautomatic handgun from Garcia, and it went off.
The bullet hit Garcia in the back of the head, fatally wounding him.
Roxanne Capelo, who lives on the property, said that Rodriguez and Garcia were cousins and that there was no animosity between them. Rodriguez would not have intentionally killed his cousin, she said.
"There was no arguing or anything like that," Capelo said. "It was just a complete accident with drinking."
Other partygoers also told investigators that there were no fights at the party, according to the affidavit, and that everyone was having a good time.
Rodriguez and Garcia were alone when the shooting happened, according to the affidavit.
"In order to charge somebody with homicide, it's got to be knowingly or intentionally that you killed somebody," Sgt. Leroy Opiela said. "In this case, we can't prove that . . . but we can prove the recklessness of it."
Rodriguez, who took the gun to the party, originally told investigators that Garcia had shot himself. He later recanted, according to the affidavit, and confessed to the shooting.
Rodriguez told investigators that he knew the gun was loaded, according to the affidavit, and said it accidently went off.
Opiela said it would be tough to tell whether the gun had malfunctioned.
"It was a semiautomatic weapon, and those weapons do, on occasion, malfunction," Opiela said. "A lot of times, it's hard to make them malfunction again. It may have been a round or something that didn't seat right or eject right.
"It could have been a one-time thing," he said.

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Janitor
December 23, 2005, 10:05 AM
It's a horrible event that's for sure but it's a bit more evidence supporting Darwin's theories.

At least the article wasn't all about the gun.
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M2 Carbine
December 23, 2005, 10:12 AM
"After each took turns jokingly pointing the gun at his own head, the affidavit said, Rodriguez took the 9 mm semiautomatic handgun from Garcia, and it went off. "
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Guns that "accidentally go off".:rolleyes:

Natures way of trying to keep the incredibly stupid from breeding.

1911 guy
December 23, 2005, 10:21 AM
The pistol didn't malfunction, it worked fine. This idiot put ammo in it, pulled the trigger and it went off. The malfunction was between these two idiots ears. Too bad it took someone dying to expose the stupidity.

Janitor
December 23, 2005, 10:44 AM
After each took turns jokingly pointing the gun at his own head, the affidavit said, Rodriguez took the 9 mm semiautomatic handgun from Garcia, and it went off.
Clearly, I hadn't read that line closely enough. I had thought they had pulled a dead rapper routine and had a piece that wasn't fireing when they pulled the trigger, then all of a sudden it did.

Yea. There was a malfunction. But it had nothing to do with the gun - it was just in the way.
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SASS#23149
December 23, 2005, 10:46 AM
I'm sorry that someone was killed,but the gun is not to blame.Lack of common sense is.

and why the term 'cheap hangun'?? I see no mention of the make.

grimjaw
December 23, 2005, 11:12 AM
It was a semiautomatic weapon, and those weapons do, on occasion, malfunction

The only things malfunctioning were the two drunk men pointing a loaded gun at their heads and pulling the the trigger.

jmm

hso
December 23, 2005, 11:17 AM
Natural selection in action.

Now, did either of them have kids that need to be given cheap handguns and beer or would daddy's example be enough to eventually end the line of stupid genes?

Daniel T
December 23, 2005, 11:26 AM
"It was a semiautomatic weapon, and those weapons do, on occasion, malfunction," Opiela said. "A lot of times, it's hard to make them malfunction again. It may have been a round or something that didn't seat right or eject right.

Wow. I guess my guns "malfunction" all the time. They all "go off" when I "pull the trigger".

It really isn't hard to "make them malfunction again" either. I just "Pull the trigger" again, and BAM, they "malfunction".

Spot77
December 23, 2005, 11:44 AM
Isn't a malfunction when it DOESN'T go bang?

After each took turns jokingly pointing the gun at his own head


:eek:

benEzra
December 23, 2005, 01:31 PM
I don't think I've EVER, in two-and-a-half decades of shooting, had a centerfire round not fire the first time, not fire the second time, but fired the THIRD time the trigger was pulled. Something maybe got garbled in the story? (Maybe safety was on the first couple times the trigger was pulled, or something?)

Anyone ever had a centerfire round that fired only on the second restrike? Seems strange.

Janitor
December 23, 2005, 01:53 PM
Something maybe got garbled in the story? (Maybe safety was on the first couple times the trigger was pulled, or something?)
I think a lot of people are missing the same thing I did on first pass.

The article says that they pointed it at their heads. Never said a thing about anyone pulling the trigger. Even when somebody finally did pull the trigger and killed his cousin, they don't mention it.
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JustSomeDude
December 23, 2005, 01:56 PM
I don't think I've EVER, in two-and-a-half decades of shooting, had a centerfire round not fire the first time, not fire the second time, but fired the THIRD time the trigger was pulled. Something maybe got garbled in the story? (Maybe safety was on the first couple times the trigger was pulled, or something?)

Anyone ever had a centerfire round that fired only on the second restrike? Seems strange.

Rodriguez, who took the gun to the party, originally told investigators that Garcia had shot himself. He later recanted, according to the affidavit, and confessed to the shooting.


He already changed his story once, so it's pretty clear to me that we're still not getting all the story. At least he figured out that suicide to the back of one's head is pretty difficult to pull off, so he at least partly fessed up. He's just trying to blame the gun now.

rick_reno
December 23, 2005, 02:10 PM
Wait until they discover his "cousin" was also his brother.

jashobeam
December 23, 2005, 02:37 PM
They tried to fire a shot, the affidavit said, but the gun wouldn't work.
After each took turns jokingly pointing the gun at his own head, the affidavit said, Rodriguez took the 9 mm semiautomatic handgun from Garcia, and it went off.

Yep, they were pulling on that trigger. Hang fire, maybe?

happyhooligan
December 23, 2005, 03:07 PM
Yep, they were pulling on that trigger. Hang fire, maybe?

My guess is that the safety was on until someone who didn't know the gun flipped it and passed it on. Booze+stupidity+gun noob=death

ka50
December 23, 2005, 03:56 PM
uhhh...huh-huh... heh-heh... I think uhh.... the bullet is stuck huh-huh... let's point the gun to our heads huh-huh.. heh-heh... huh-huh...

Mannlicher
December 23, 2005, 04:55 PM
so where does 'cheap handguns' come into play?

atomchaser
December 23, 2005, 05:20 PM
Seems awfully fishy. If you were holding the gun to your own head, why would you be shot in the back of the head? He's either a contorsonist or it was a snubnose.

jefnvk
December 23, 2005, 05:54 PM
Anyone ever had a centerfire round that fired only on the second restrike? Seems strange

Some milsurp was doing that to me, I do remember a couple of third-times-a-charm shots. But it was not happening everytime, some would be fine, some would go on the second hit. If it didn;t go the third time, it got pitched.

I wanna say it was Pakistain .303.

Janitor
December 23, 2005, 07:09 PM
uhhh...huh-huh... heh-heh... I think uhh.... the bullet is stuck huh-huh... let's point the gun to our heads huh-huh.. heh-heh... huh-huh...
Pretty much as I visualize it happening, but I'd imagine a grunt or two thrown in somewhere.

Anyone ever had a centerfire round that fired only on the second restrike? Seems strange
Yea. Hard primers, light springs.
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Standing Wolf
December 23, 2005, 07:46 PM
It was just a complete accident with drinking.

Drinking is never accidental.

Ryder
December 23, 2005, 08:15 PM
Easy to prove intentional murder if they can figure out the angle and distance of the shot. Is the dead guy's hair burned? Holding a gun to your own head is significantly different than holding a gun to somebody elses head.

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