Man thrown in prison for discharge in home

[phill]

New twist on the old I was just cleaning it? Does anybody suspect that there is more to the story.

[ungawa]

Originally Posted by phill

New twist on the old Iwas just cleaning it? Does anybody suspect that there is more to the story.

That was my first thought, and the press usually gets it wrong. This is the part of the article that bothered me:

Moore Township police said Erik F. Garces, 38, had a pillow in one hand and a .45 pistol in the other when he tripped over a TV cable and dropped the gun. A single shot went off, striking a television and the floor.

If that is actually what the police are accusing him of, I have a problem with throwing him in prison on these charges.

[Swarner793]

Originally Posted by sgt7546

The confiscation of firearms and eviction from the home sounds more like the actions of a PFA.

+3, I would say you are on to something there. I hope there was some sort of supporting allegation from the wife that got the authorities "so" involved.

Be safe.

Scott

[bdevil73]

Originally Posted by ungawa

I'm afraid I don't know what PFA is, can you please clarify?

Protection From Abuse order.

[ungawa]

What would they do if I went there on Monday and asked them for information on this? Would I get a copy of the police report, told it's ongoing investigation, get put on a list of terrorists, or told to file a FOA request? Not sure if FOA applies in PA, it did in my last state.

[rwilson452]

Pa doesn't have FOA as stated but it does have under a different title Right to know I think it's called. perhaps Greg will step up and put you on the right path.

Originally Posted by ungawa

What would they do if I went there on Monday and asked them for information on this? Would I get a copy of the police report, told it's ongoing investigation, get put on a list of terrorists, or told to file a FOA request? Not sure if FOA applies in PA, it did in my last stae.

[ungawa]

RTK is generally about use of hazardous chemicals. Although, the term could be used in PA in a different way I don't know about.

[bdevil73]

Yes, it is the Right to Know Law. More information can be found here:

http://www.psp.state.pa.us/psp/cwp/v...&q=160408&pp=3

[ungawa]

Originally Posted by bdevil73

Yes, it id the Right to Know Law. More information can be found here:

http://www.psp.state.pa.us/psp/cwp/v...&q=160408&pp=3

OK, thanks to bdevil and rwilson452. In NJ that is called OPRA.

Just don't forget - you have federal rights under RTK dealing with persons utilizing hazardous chemicals in your vicinity, so there are at least two RTK.

[Gallo]

I believe that the circumstances surrounding the incident may have interpreted the discharge as a Negligent Discharge (ND) and not a Accidental Discharge (AD).

The fact that many ADs have occured without charges being brought up will show that this specific discharge may have been avoided if the events would not have been what they were.

Many things may have contributed to the outcome of the discharge. Specifically, (1) an argument with a spouse, (2) the possibilities of the discharge being intentional, (3) the possibilitie of the gun actually discharging after being drop (some guns have safety options to avoid discharging even if drop), (4) the actual circumstances that led to the gun discharging (for example, how much care was given to the actual handling of a loaded weapon), etc.

The fact is that selling a story of walking in the dark with a pillow and a loaded gun in its holster and tripping over the tv cable causing the gun to discharge right after having enough of a heated argument where you were making other sleeping arrangements is really not going to fly to well.

Now I would not be seeing him getting arrested if he and his wife had just gotten home from dinner, they were settling in for the night and while securing the firearm, he dropped the firearm and it discharged. I believe that the circumstances have everything to do with graduating this incident from an AD to a ND.

What is accidental and what is negligent can normally be interpreted by the circumstances.

Just my opinion...