I would not convict this fellow. I did not vote to convict and abortionist years ago either. Some crimes just should never be charged. I would bust the Chief though.
Guys are debating shit they don't even research... Goodness.... Lotta conjecture going on in this thread... He's being charged (rightfully so) with Culpable Negligence. Read and you'll know the guy's probably gonna get some time... 784.05 Culpable negligence.— (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. However, this subsection does not apply: (a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock; (b) If the minor obtains the firearm as a result of an unlawful entry by any person; (c) To injuries resulting from target or sport shooting accidents or hunting accidents; or (d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.
827.03 Abuse, aggravated abuse, and neglect of a child; penalties.— (1) DEFINITIONS.—As used in this section, the term: (a) “Aggravated child abuse” occurs when a person: 1. Commits aggravated battery on a child; 2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or 3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. (b) “Child abuse” means: 1. Intentional infliction of physical or mental injury upon a child; 2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or 3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. (c) “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury. (d) “Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony. (e) “Neglect of a child” means: 1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or 2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child. (2) OFFENSES.— (a) A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) EXPERT TESTIMONY.— (a) Except as provided in paragraph (b), a physician may not provide expert testimony in a criminal child abuse case unless the physician is a physician licensed under chapter 458 or chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. (b) A physician may not provide expert testimony in a criminal child abuse case regarding mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. (c) A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless the psychologist is licensed under chapter 490. (d) The expert testimony requirements of this subsection apply only to criminal child abuse and neglect cases pursuant to this chapter, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 and not to family court cases.
Well, it depends on the guy, but I think it is pretty clear in this case. Hell, and old retiree might be the ferocious dude you need. This guy ain't it.
Wait, so the way to stop a bad guy with a gun is a good guy with a gun but the good guy with a gun doesn't have to do it if he's old?
Wow the prosecutors want the death penalty, they're not messing around. This would definitely set some precedents that I think need to be thought about long and hard before doing. It's unfortunate that in this country, anyone who accepts the responsibility of being a security officer at a school needs to be fully prepared to face down automatic weapons on their own and ready to give their life, but that is the reality and it has been for some time. You can't be in the position of protecting children if your first instinct is to not run toward the threat until the children are safe. You can't claim "miscommunication" as the reason you stood outside on your phone while their are screams and gunshots going on. Regardless of training, if you've never been in a situation like that it's impossible to know how you're going to react, and if you don't know that then you shouldn't be there to begin with. It still feels odd that he could get a similar sentence as the actual shooter.
As a tangential note, considering how important this kinda job is, you'd expect them to pay more than 30k a year. Maybe then, you'd get some better candidates and someone useful.
