Man thrown in prison for discharge in home

[JoeWilliams]

Originally Posted by phill

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

I surely do. The XD has three seperate safeties designed to prevent just the type of discharge he was talking about. IMHO, his finger was on that trigger, and he popped a round to scare his wife. His story just doesn't hold water.

[D-FENS]

I am a little surprised an XD-45 would discharge when dropped. I could over-look the improbability under different circumstances but something strikes me as odd.

Would an an XD-45 fully cycle a new round if misfired? I would think it would jam or have a problem chambering the new round.

[ungawa]

Originally Posted by 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).

According to the article, the POLICE said the guy left his bedroom with a pillow and his handgun and tripped when it went off.

Now, under these circumstances, which would you think should should land him in jail? An "ND" or an "AD"? Or perhaps you just wanted to point out your understanding of internet cliche terms. There's a lot of that around here.

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.

The MEDIA said he had a firearm in a holster. The COPS said he was carrying a gun and tripped and it went off. That's what the cops are charging him with according to the article:

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.

Just clarifying who said what in this article - we all know the article could be completely wrong.

[ungawa]

Originally Posted by D-FENS

I am a little surprised an XD-45 would discharge when dropped. I could over-look the improbability under different circumstances but something strikes me as odd.

Would an an XD-45 fully cycle a new round if misfired? I would think it would jam or have a problem chambering the new round.

I'm assuming he fired it by accident carrying it out of the room, nothing to do with dropping it. By the same logic, you could assume he shot the TV intentionally in a fit, but I expect the press would have presented that when they quoted what the PD said. Or, maybe not.

Regardless, we have a story in which the press reports the police are imprisoning him for tripping and firing his handgun. It seems most people in this thread are automatically assuming that the man must have done something more menacing and therefore deserves what he's getting - which is "reckless endangerment" - Hmm... doesn't sound like a charge for somebody that threatened others with a gun somehow.

[Gallo]

Originally Posted by ungawa

Now, under these circumstances, which would you think should should land him in jail? An "ND" or an "AD"? Or perhaps you just wanted to point out your understanding of internet cliche terms. There's a lot of that around here.

Just clarifying who said what in this article - we all know the article could be completely wrong.

First of all, the idea of using the acronyms "ND" / "AD" is never to educate a seasoned veteran of the posting world, such as yourself. It is more for the newbies, like myself, who want to make sure that everyone knows what they mean. As for internet cliche terms, these again are just acronyms used, such as LTCF, OC, CC, etc. So you are excused from reading my post. No harm done.

As for the fact that the article could be completely wrong: it could also be completely right. I was not posting to confirm what the article had reported, but to comment on my personal views of this, or any other circumstance where a person would be charged with a crime for a supposed (in order to be ungawally correct) 'Accidental Discharge'....

[netw0rkpenguin]

Originally Posted by D-FENS

I am a little surprised an XD-45 would discharge when dropped. I could over-look the improbability under different circumstances but something strikes me as odd.

Would an an XD-45 fully cycle a new round if misfired? I would think it would jam or have a problem chambering the new round.

XD-45C and XD-9SC do NOT fire when dropped. In fire arms classes I have taken one of the rules is to let fire arm drop, do not try to catch it or it will cause an AD. My XDs have hit the floor at indoor ranges, gravel outside etc, the worst thing that has ever happened is a broken tritium sight and a tiny little blemish on a side of XD-45.

[sutehk]

My first thought when I heard pillow and gun were from bad Hollywood films. Almost sounds like the guy tried to pass it off as a an accident but was really planning or threatening a Hollywood style silenced shooting. Gun in pillow makes little to no noise according to the movies.

Just reading between the lines and jumping to conclusions with no real evidence. First thought thing of course. Until more information is provided either by authorities or the media we will not know why the police took the actions they did.

[Dredly]

IANAL but more then likely the wife called the police and said he took his gun and fired a round as they were arguing and now it is his word vs the evident (not that hard to track a bullets trajectory).

I don't know how he could have gotten evicted unless they were renting and the owner threw them out for shooting a bullet through the floor... I'm not sure how you can drop a gun and have a round strike a TV and a floor?

sounds like he was standing and shot the TV, bullet passed through and struck the floor. There is no way he tripped with his gun holster and this happened.

[XD40coyote]

Damn that gun better get sent back to Springfield Armory, cuz there is something defective! XD's ND-ing by being simply dropped? Do I smell moo moo poo poo?

[bigcory18951]

as much as everyone has covered this story.. wouldnt it be smart if he didnt keep a round in the chamber? personally any firearm i touch.. i never chamber a round unless im ready to use it.. guess thats just me i dont know.. my rifle is allways loaded but i still have to cycle the bolt to put a round into it.. so my fellow gun enthusiests.. this would make this person irrisponciable for having a round in the chamber! and im familure with the Xd40 design and his hand had to be on that trigger/ grip for it to fire.. *friends dad has one.. shot it many times. they grip has a built in safety. you have to squeeze it pretty hard sometimes to be able to fire.. Thats just my 2 cents.. in my opinion.. the dudes story doesnt make sence.. he loaded a round fired one into the TV to scare his wife.. thats my idea and opinion..