Negligent Discharge in Cordova Malco

[Ski]

According to the affidavit, a Cobra derringer (without a holster) fell out of his pocket and discharged. He was arrested by an off duty officer and charged with Reckless Endangerment and T.C.A 39-17-1359. I suspect it won't be a good test case for 39-17-1359 since there's more to the story than just carrying past a sign.

http://www.commercialappeal.com/news/2014/may/21/gun-fires-after-falling-out-of-mans-pocket-movie/

To see the affidavit, go to the link below and search using booking number 14118405.

https://documents.shelbycountytn.gov/Affidavits/

[Chucktshoes]

Ah hell.

[Oh Shoot]

It would be instructive if we could find the actual final disposition of this case, and specifically, if his permit gets pulled also as per 39-17-1352.

 

If the statement is correct on affidavit, sounds like it was a "legal" posting, so I guess that part won't be tested.

 

- OS

Edited May 22, 2014 by Oh Shoot

[300winmag]

Another person messing it up for the rest of us.  No holster and a cheap derringer that can fire when dropped.  These guys are the reason why signs in TN can get us a fine for carrying.

[Oh Shoot]

Another person messing it up for the rest of us.  No holster and a cheap derringer that can fire when dropped.  ...

 

It has a safety which he obviously wasn't using. The half cock on a Cobra is not a safety. Or maybe he even carried it fully cocked, who knows.

 

- OS

[jbravo]

[quote name="Oh Shoot" post="1151028" timestamp="1400728527"]It would be instructive if we could find the actual final disposition of this case, and specifically, if his permit gets pulled also as per 39-17-1352. If the statement is correct on affidavit, sounds like it was a "legal" posting, so I guess that part won't be tested. - OS[/quote] I'm pretty sure we will eventually see the final disposition of the case. The commercial appeal is notorious for putting anything that makes gun owners look bad all over the front page while completely ignoring any justified use of a firearm. I still haven't seen any mention of the car carry bill that will take effect in July. They may have mentioned it but I haven't seen it. I'm pretty sure if they had mentioned it there would have been numerous letters to the editor stating how it would mean Wild West gunfights everywhere.

[DaveTN]

Had good old George killed someone in his recklessness I wonder how that sign would have impacted the civil case against the theater.

[The Legion]

I just saw this on the news.  This makes it bad for all permit holders.

[The Legion]

 The gun was a .38 caliber two shot Derringer, loaded with one live round in his pants pocket. Police say the gun fell out of his pocket and discharged when it hit the floor. 
 

[Oh Shoot]

To see the affidavit, go to the link below and search using booking number 14118405.

https://documents.shelbycountytn.gov/Affidavits/

 

Here I grabbed the PDF of the arrest affidavit, can see with one click:

 

http://routedriver.home.comcast.net/pub/temp/1359.pdf

 

- OS

[Ski]

George had a court date yesterday, and the court's website shows he applied for diversion. The felony (class E) charge, Reckless Endangerment-Deadly Weapon, was dropped (nolle prosequi) as was the carry violation (i.e. weapon prohibited). The Reckless Endangerment charge, class A misdemeanor, remains. His next court date is July 2.

[300winmag]

The felony reckless endangerment was the bad one for him to deal with.  It was interesting to see the prosecutor drop  'no guns sign' fine deal.  I wonder if the guy is just going to receive diversion for misdemeanor endangerment and then in time that will go off his record.

[Mike.357]

don't you first have to plead guilty to be eligible for diversion?

[Ski]

don't you first have to plead guilty to be eligible for diversion?

IANAL, but it's my understanding that there are two (2) types of diversion in Tennessee: pre-trial and judicial. This link has an explanation, and perhaps one of our lawyers will give some more details.

http://www.nashvillecriminallawyerblog.com/2012/09/11/tennessee-expungement-law-overview/

[Guest theconstitutionrocks]

well...as much as we don't like it...if the property is properly posted...and it appears it was...then he was already in violation as soon as he walked through the doors. We can debate the justice of the posting until the cows come home, but the law is clear. Carry past a posting, you do so at your own risk. Is the movie really worth arrest, fine, and loss of permit?...I for one don't think so.

[tnhawk]

....the law is clear. Carry past a posting, you do so at your own risk. Is the movie really worth arrest, fine, and loss of permit?....

You can't fix stupid.

[Ski]

George apparently received diversion yesterday. The disposition for his misdemeanor Reckless Endangerment charge is now "DIVERSION(NOT A FINAL" with a court date of 06/30/2015 for "END OF DIVERSION". So, it appears he will get off fairly easy if he can stay out of trouble for a year. Hopefully he got himself a good pocket holster and this won't happen again. :-)

[tnhawk]

While he was stupid enough to allow the incident to occur, it seems he was smart enough to get a good lawyer.  I hoped he has learned to use the safety and a good holster.

[Camaro_nut2001]

It has a safety which he obviously wasn't using. The half cock on a Cobra is not a safety. Or maybe he even carried it fully cocked, who knows.

 

- OS

Once again, you are correct Oh Shoot. My Cobra 9mm derringer has a safety. But he was wrong for carrying in a marked "No guns allowed" place.

Edited October 22, 2014 by Camaro_nut2001

[Ski]

I'm guessing he must have finished diversion.  I can no longer find the affidavit or any of the charges on the appropriate Shelby County web sites.

[mikegideon]

Once again, you are correct Oh Shoot. My Cobra 9mm derringer has a safety. But he was wrong for carrying in a marked "No guns allowed" place.

 

Well, in the real world, he was wrong for shooting his gun in a "no guns allowed" place. Stupid laws often get ignored. Stupid people shooting guns don't.

[EssOne]

I absolutely love the Hungarian FEG Hi Power clones.They're great guns - but I steadfastly refuse to use one as a carry pistol because it has no firing pin safety or "drop" safety. Same for my all time favorite 1991 CZ 85. Acting in accordance with the ancient principle of "Manure Occureth," no drop safety, no carry. Period.This is a self imposed, mandatory requirement for me in any gun I carry.  

Edited July 16, 2015 by EssOne

[chances R]

George apparently received diversion yesterday. The disposition for his misdemeanor Reckless Endangerment charge is now "DIVERSION(NOT A FINAL" with a court date of 06/30/2015 for "END OF DIVERSION". So, it appears he will get off fairly easy if he can stay out of trouble for a year. Hopefully he got himself a good pocket holster and this won't happen again. :-)

Would be much cheaper solution in the long run

[cgun86]

"Manure Occureth,"

Your phrase was just stolen by me. I want this on a t-shirt.

[Garufa]

Your phrase was just stolen by me. I want this on a t-shirt.

 

http://www.amazon.com/Manure-Occureth-Mens-Tee-Shirt/dp/B00LCE0G0C