Should this guy be charged?

[TripleDigitRide]

http://www.wsmv.com/story/17136715/2-arrrested-hendersonville-apartment

It would be nice to have more details about the situation, but based on what you've read in the above article, should the guy who came to the rescue be charged? Would you have done the same thing or something different?

The other guy was charged with attempted first degree murder, so even the police are admitting the woman was in grave danger.

[BigK]

Wow! Don't know what else to say.

[BryanP]

The way it reads, I'd have to seriously consider charging him. If I'm reading it correctly he fired a shotgun into a door without knowing who or what was on the other side.

Options other than shooting blindly into a door:

1) Pound on the door and yell that the police have been called.

2) Bust the door open and go in yourself if you're so sure you're right. (Yes, I know it's not as easy as TV and movies make it look, but it's also not that hard)

I'm as much of a gun guy as anyone, but that doesn't mean a gun is always the correct tool.

Fortunately everyone came out ok, and I suspect he won't be charged because he was lucky enough to be right. What happens when some guy shoots a door open only to find out his neighbors were just engaging in some loud rough sex?

Edited March 12, 2012 by BryanP

[Jonnin]

I would only shoot thru a door from inside my home. As in, someone trying to open it forcibly. Shooting like that is irresponsible and at the very least a reckless endangerment charge is due.

[Just2Honor]

Based on reading that the assailant didn't move or threaten to move towards him I would charge him. He deserves it for firing blindly (through a door into an apartment!!) Hard to call it self-defense or defense of another when you can't see what is actually happening.

[daddyo]

His life was not in danger. He shot through a door while unable to see what was behind it. He should have called 911 and been a good witness.

People who make the decision not to protect themselves shouldn't expect someone to do it for them.

Yes, he should face charges, based on the written account.

[MikePapa1]

Yes, based upon the information here, the charge is fully justified.

[Guest cardcutter]

I wonder how he"fired through the door". Did he try breeching the lock? Did he just fire blindly? I am curious.

[Glock30]

Yep, I think the charges should stick. Had the altercation been immediately behind the door he shot into, some degree of murder or manslaughter might have been the alternative.

[Guest Torrin]

For sure he should be charged, the woman's little kid could have been on the other side of the door. Kick it in, pound on it, etc, but blind shooting into a door?

[RobertNashville]

While we clearly don't know all that went on, it seems to me that the man firing through the door was in the wrong and appropriately charged.

In absence of an immediate/imminent threat; discharging a firearm should be that last option; not the first - without knowing that the woman's life was in immediate danger, I just don't see the justification for discharging his weapon through a door or otherwise.

[dcloudy777]

Just by going from the news story, the guy acted pretty stupidly, and probably would be charged with something. However, reckless endangerment is automatically a felony in Tennessee if a firearm is used. I don't think felony charges (basically ending the guy's life as he knows it), are warranted since the he was obviously trying to save someone's life and nobody was injured.

DanO

[walton6467]

Wow, just wow! I can't imagine the level of stupidity that was in the air while all this was going on.

[LagerHead]

I'm as much of a gun guy as anyone, but that doesn't mean a gun is always the correct tool.

Well put.

The only thing about this story that bugs is we all know how gun incidents are treated in the press. It is very likely Ferrell has spent the last several months listening to the upstanding citizen next use his girlfriend as a punching bag, seeing the cops come and go and nothing happen. It is very conceivable that he knew the couple and knew they were the only two in the apartment.

I'm not condoning the shooting of the door blindly but I will say we definitely don't know all the facts. If we did it would be a rarity among so-called journalists these days reporting on gun-related incidents.

[GlockSpock]

Well put.

The only thing about this story that bugs is we all know how gun incidents are treated in the press. It is very likely Ferrell has spent the last several months listening to the upstanding citizen next use his girlfriend as a punching bag, seeing the cops come and go and nothing happen. It is very conceivable that he knew the couple and knew they were the only two in the apartment.

I'm not condoning the shooting of the door blindly but I will say we definitely don't know all the facts. If we did it would be a rarity among so-called journalists these days reporting on gun-related incidents.

Ferrel is the guy being charged with the crimes against the woman. You are speaking of Jones.

Edited March 12, 2012 by CZ9MM

[gjohnsoniv]

As it is written he should be charged. You don't go firing a shotgun or anything else through a door. Though I am also curious as to whether he was breaching it or just pointed at the door and pulled the trigger.

[BPE]

Agreed. Charge the man with the crime as it is justified. Scare the living crap out of him and then drop the charges. He made a dumb, dumb mistake. Reacted in the heat of the moment. But who knows the fate of the woman without his intervention. It could have gone much worse had he struck someone with his mistaken slug. Again, there are a lot of mistakes made here, but to damn this man for the remainder of his life with a 3 month old would be tragic given his intent. Often I find myself on the other side here saying stuck it to him but my soft side is showing knowing his family situation and understanding his intent to save someone while, according to the story, others stood around to listen. Why hadn't anyone called 911 prior to the shots fired call? Maybe that's left out of the news article but we're reading the article as is.

[tnhawk]

It will be difficult to tell a judge you were protecting someone's life when you can't see them and possibly could have killed or wounded them by shooting thru a door. It was a stupid, irresponsible mistake, not an attempt to commit a crime.

[Guest Sgt. Joe]

It is hard to say that he was in fear of his life or anyone else's when he could not even see what was going on. At the same time I dont see trashing his life or taking away his RTBA for the rest of his life as correct either.

I say charge him but not with something that takes away his right to protect himself or his family forever.

People make mistakes everyday....just see another current story in which an LEO left his weapon in an unlocked glove box with his two small children in the vehicle, one of those kids is now dead. That kind of mistake deserves a punishment of losing your rights way more so than this situation does.

Personally it would take quite a lot for me to even fire through my door to the outside...I am not sure just what it would take but if I cant see anything and rounds are not coming into the house I dont think that I would fire outside. I am not so sure that I would even fire if rounds were coming in if I could not see what I was shooting at.

We all can say what we may or may not do but until that moment comes none of us really knows for certain.

IMO this guy was just trying to help and in the heat of it all just went about it all wrong.

[DaveTN]

I suspect the charges will be dropped against the shooter. They will need him to testify in the Attempted First Degree murder/Kidnapping trial of the other guy.

[BryanP]

IMO this guy was just trying to help and in the heat of it all just went about it all wrong.

Fair enough. And I'd be fine with him having the charges plead down to a misdemeanor of some sort.

[TMF]

Intent?

[BryanP]

Intent?

He had no malicious intent. That's why he's being charged with Reckless Endangerment. I hope he can get it plead down to a misdemeanor, because honestly his RKBA is the least of his problems if he gets a felony conviction. Try getting a good job with one of those.

[Guest RobThatsMe]

I wonder how he"fired through the door". Did he try breeching the lock? Did he just fire blindly? I am curious.

Watched the report on TV last night. The bullet hole appeared to be right next to the door knob.

Based on that, he may have been trying to breech the lock.

[Guest cardcutter]

If it is clear that he was breeching the lock and not wildly firing through a closed door,then that should be a consideration in the decision to charge him.I see it as two very different things.