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(MN) Security guard may be charged in shooting of 16-year-old

Discussion in 'Legal' started by Andrew Rothman, Nov 4, 2003.

  1. Andrew Rothman

    Andrew Rothman Well-Known Member


    This cop wannabe never learned the four rules.

    Engle then pulled the teenager out of the car with one hand while holding his gun in the other, Schnell said. It was then that the gun discharged and hit the boy in the back, he said.

    The whole story:
  2. Standing Wolf

    Standing Wolf Member in memoriam

    I have to wonder whether security guards have legal authority to force people from cars.

    That saidâ„¢, if the thief fought back, I doubt he's got a complaint coming.
  3. Andrew Rothman

    Andrew Rothman Well-Known Member


    So yeah, but the security guard better be right, or he'll face a lawsuit.

    Of course, shooting dead a perp for an alleged burglary is not justified use of force. Whether it is an excusable accident remains to be seen.

    To me, it looks like a negligent accident. Failure to use the gun led to the "accidental" gunshot.

    But, as always, IANAL.
  4. gunsmith

    gunsmith member

    If he was a cop

    the guy in the car would have been shot for trying to
    run over a police officer.
    the S/O didn't keep his mouth shut until
    talking to a competent lawyer.
    guns don't "discharge" without a finger on the trigger.
    the S/O had his finger on the trigger.
    The one time I pulled my sidearm I made damm sure the
    my finger was not on the trigger and had the muzzle pointed at
    the ground
  5. F4GIB

    F4GIB Well-Known Member

    This is the best way I know of to go directly to jail.

    Self-defense is never accidental.
    If it's accidental, then it is going to be charges as First Degree assault, a major felony.

    As Smokey Bear says "Only you can keep your mouth shut."
  6. Pilgrim

    Pilgrim Well-Known Member

    In addition to not following the four rules, he also made the mistake of grabbing a suspect while holding a pistol in his other hand. Very bad arrest and control tactics.
  7. Daniel T

    Daniel T Well-Known Member

    If it had been a LEO, it would be a justified shoot, no grand jury involved. After all, if you can get away with "accidentally" shooting someone locked in the back of your patrol car with a Glock, when you meant to do it with a Taser, you can get away with anything.

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