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View Full Version : Colorado boy facing felony charges in airsoft gun mishap



kentatm
02-02-2011, 08:07 AM
JEFFERSON COUNTY, Colo. -- A 13-year-old Jefferson County boy says he knows what he did was wrong, but says it was an accident and he never intended to hurt anyone when he shot his toy airsoft gun at a friend, who was hit in the eye.

His parents say their son deserves to be punished, but believe juvenile felony assault charges go too far.

But the Jefferson County District Attorney’s Office says they take many factors into account, and when they decide to file charges it’s because they believe it’s in the best interest of the child.

The 13 year old, Jacob Alspaugh, tells Fox 31 News he and a friend were just messing around with a toy airsoft gun, shooting at each other and shooting at targets like cereal boxes.

When the other boy said something that made Jacob mad, he did what he calls a “quick draw,” and fired the plastic bead. To his horror, he hit his friend in the eye.

“When it happened I felt sick and I kept saying I’m so sorry, I’m so sorry,” said the teen.

The other boy was treated and is fine with no permanent injuries. Police reports say his family did not want to press charges, and Jacob says he and his friend have made up.

“We just talked a while about me giving him an Xbox 360 and I gave him that one night just as a ‘sorry’ present," Alspaugh said. "He forgave me. He knows I’m sorry, so we’re back to friends.”

But according to police reports, the treating doctor says the plastic bead could have caused serious bodily injury, and the Jefferson County DA’s office is charging the 13-year-old as a juvenile with felony second degree assault charges.

“The judge mentioned if convicted, he has a mandatory five days in detention and he can be removed from my home for up to a year,” said Jacob's father, Craig Alspaugh.

Jefferson County DA Scott Storey says they can’t comment on any specific juvenile case, but he says they take many things into account. They look at school records, and juvenile experts evaluate the child and bring up any psychological or mental health issues. They also consider what might be going on in the home and he says they do what they believe to be in the best interest of the child.

“We really want to give them the resources to make them successful, in the future, at school, at home, with their friends and everything else,” said Storey.

FOX31 News tested an identical airsoft toy gun and fired it at a piece of notebook paper. Sometimes the plastic beads went through the paper and sometimes they bounced off. Firearms expert and former police officer Rich Wyatt says, “It’s a toy, it’s an airsoft gun that can be purchased in any store. You don’t have to be any age to purchase it.” Wyatt says there was a time when parents, not prosecutors handled this kind of accident.

The father says at a court hearing earlier in the week the DA’s office offered his son a plea bargain, reducing the charge to misdemeanor assault. There would be no detention time, but Jacob would go into a diversion program that would provide counseling on a variety of issues. If he stayed out of trouble, his record would be expunged, and his records would remain sealed, as are all juvenile records.

Alspaugh says they are considering the plea bargain, but he worries any kind of plea would result in Jacob being expelled from school, kicked off the football team and further stigmatize him at school.

link (http://www.kdvr.com/news/kdvr-jeffco-boy-facing-felony-charges-over-airsoft-gun-20110127,0,4458661.story)


:facepalm :facepalm :facepalm

Nachooo
02-02-2011, 08:31 AM
I was shot in the eye a few years ago from about 10 feet away.
Accidents happen.


No reason the law should be involved unless there was serious damage done

bigkingsfan
02-02-2011, 09:02 AM
Eye injury matters are not to be taken lightly.

ErhnamDjinn
02-02-2011, 10:38 AM
Eye injury matters are not to be taken lightly.
but if both parties agreed to settle amicably why generate a fuss, there better things to waste time on. Accident is a accident.

PowerGlove
02-02-2011, 10:39 AM
but if both parties agreed to settle amicably why generate a fuss, there better things to waste time on. Accident is a accident.
seriously.

Captain Kirk
02-02-2011, 10:55 AM
link (http://www.kdvr.com/news/kdvr-jeffco-boy-facing-felony-charges-over-airsoft-gun-20110127,0,4458661.story)


:facepalm :facepalm :facepalm

Exactly :facepalm

I'm thinking I'm about to read a horror story. The journalist who kept up with this story needs a hobby.

kentatm
02-02-2011, 11:10 AM
Exactly :facepalm

I'm thinking I'm about to read a horror story. The journalist who kept up with this story needs a hobby.

:wtf: This IS a horror story.

A DA is trying to pin a felony on a 13 year old kid for accidentally shooting his friend in the face with a toy gun.

Do you not realize how serious a charge that is?

The boys have made up and are still friends. The parents of the kid that got shot don't even want charges pressed.

This is about a power mad DA that is WAY overstepping his bounds and in all likelihood needs to be removed from office b/c he clearly can't be trusted to make rational decisions.

Captain Kirk
02-02-2011, 11:12 AM
:wtf: This IS a horror story.

A DA is trying to pin a felony on a 13 year old kid for accidentally shooting his friend in the face with a toy gun.

Do you not realize how serious a charge that is?

The boys have made up and are still friends. The parents of the kid that got shot don't even want charges pressed.

This is about a power mad DA that is WAY overstepping his bounds and in all likelihood needs to be removed from office b/c he clearly can't be trusted to make rational decisions.

Even if the other family/child don't press any charges? How is that legal?

Jailblazers7
02-02-2011, 11:16 AM
I ****ing hate this country sometimes. At what point does a guy like this DA lose touch with reality and reason?

kentatm
02-02-2011, 11:16 AM
Even if the other family/child don't press any charges? How is that legal?

A district attorney does not need the permission of a victim to press charges. This is especially true in the case of a violent crime which is what he is labeling this.

NastaMaverick
02-02-2011, 12:13 PM
I'd take a shot in the eye for an xbox..:lol

AirTupac
02-02-2011, 12:30 PM
What a joke. It's a simple accident and everything is fine between them...

Nelson14
02-02-2011, 12:57 PM
hopefully he gets it dropped to at least a misdemeanor if not dropped completly, i can't even imagine haveing a felony on me at 13:no:

JMT
02-02-2011, 03:31 PM
You highlighted much of the article, but didn't include this:

When the other boy said something that made Jacob mad, he did what he calls a “quick draw,” and fired the plastic bead.

That's when it ceases to be an accident. Kid made a horribly bad snap decision because he got momentarily pissed off. That's how people get killed, beaten, etc. Immature decision making process, not being cognizant of the potential outcome of your actions.

I'd be willing to bet that goes a long way toward explaining why the court thinks the kid needs to go through the process.

I'd also be willing to bet it doesn't end up a felony, but hopefully, the kid is deathly afraid that it will.

Rasheed1
02-02-2011, 03:45 PM
I think me & Kent ATm spoke about a similar issue a year or so ago... I said it then and I'll say it again...


POLICE STATE

that's what this place is turning into

iamgine
02-02-2011, 03:57 PM
Wait so... who called the police? Why was the police involved in a simple airgun accident?

Also,


They look at school records, and juvenile experts evaluate the child and bring up any psychological or mental health issues.

I wonder what his records look like. Why would the DA act irrationally without anything to back it up? What's his motive?

JMT
02-02-2011, 04:29 PM
I think me & Kent ATm spoke about a similar issue a year or so ago... I said it then and I'll say it again...


POLICE STATE

that's what this place is turning into

I hear Cairo is nice this time of year.

shlver
02-02-2011, 04:39 PM
What a joke. It's a simple accident and everything is fine between them...
A simple accident? He got mad and shot his friend in the face...

shlver
02-02-2011, 04:43 PM
[QUOTE=JMT]You highlighted much of the article, but didn't include this:

[B][I]When the other boy said something that made Jacob mad, he did what he calls a

AirTupac
02-02-2011, 04:43 PM
A simple accident? He got mad and shot his friend in the face...

http://www.youtube.com/watch?v=7DVfMqhOeKk

That should be the solution. :banana:

But yeah i reread and the kid should have some consequences but not a felony,

Rasheed1
02-02-2011, 04:44 PM
I hear Cairo is nice this time of year.



maybe Americans like to see kids getting arrested over something petty like this.. I Thought this was the land of the free and home of the brave.... my mistake...

:confusedshrug:

JMT
02-02-2011, 04:54 PM
maybe Americans like to see kids getting arrested over something petty like this.. I Thought this was the land of the free and home of the brave.... my mistake...

:confusedshrug:

Granted, the big picture...couple kids screwing around, airgun, bygones be bygones...looks pretty silly. That's exactly why reporters look for stories like this. They generate talk.

But the relevant fact is that the kid got mad...by his own admission...turned and shot his friend in the face.

That's a bad way to approach problem solving and anger management. The article alludes to the fact that the courts have discretion when a kids body of work (school records, etc) merit.

We don't know anything about the kid other than what's in the story. The courts do. There's no political hay to be made by bringing a good kid who got in an accident up on charges. But it wasn't an accident. He executed his 'move'...the rapid gunfiring move that he's given a name to...and pulled a trigger.

I'd much rather address this kids lousy temper and decision making now than later, when maybe there's more than an airgun involved.

Land of the free and home of the brave is a nice platitude, but it has absolutely no relevance to the situation.

Dolphin
02-02-2011, 05:01 PM
Granted, the big picture...couple kids screwing around, airgun, bygones be bygones...looks pretty silly. That's exactly why reporters look for stories like this. They generate talk.

But the relevant fact is that the kid got mad...by his own admission...turned and shot his friend in the face.

That's a bad way to approach problem solving and anger management. The article alludes to the fact that the courts have discretion when a kids body of work (school records, etc) merit.

We don't know anything about the kid other than what's in the story. The courts do. There's no political hay to be made by bringing a good kid who got in an accident up on charges. But it wasn't an accident. He executed his 'move'...the rapid gunfiring move that he's given a name to...and pulled a trigger.

I'd much rather address this kids lousy temper and decision making now than later, when maybe there's more than an airgun involved.

Land of the free and home of the brave is a nice platitude, but it has absolutely no relevance to the situation.

The kid said he shot at his friend. Not that he aimed at his face. He didn't intend on taking his friend's eye out. If you're gonna waste time and money prosecuting a child over a toy gun incident, you had better bring intent into the situation. You're telling me it's not ludicrous to charge a child with a felony for accidently shooting his friend in the eye with a toy gun? lol

All my friends would have felonies for the things we did to each other out of spite, jealousy, retaliation, etc......instead we don't have records and are living normal, successful lives. The things I could have been charged for when I was a kid if crackpot DA's existed where I live.:oldlol:

There has to be an end game with these sort of charges. So I ask you, what is this gonna do? Stop kids from getting angry? Stop kids from horsing around? More like kids are gonna think "Wow, that kid went to juve for shooting a toy gun?.......hey, you wanna play with fire crackers?"

But hey, all in the name of the kid's own well being, eh? I'm sure he will be thanking the system when he grows up *rolls eyes*

shlver
02-02-2011, 05:03 PM
maybe Americans like to see kids getting arrested over something petty like this.. I Thought this was the land of the free and home of the brave.... my mistake...

:confusedshrug:
Petty? He shot his friend in the face in anger... Worst case scenario he could have been blinded. You wouldnt say that shooting someone in the face with a bb gun was petty if the kid was blinded.

JMT
02-02-2011, 05:07 PM
The kid said he shot at his friend. Not that he aimed at his face. He didn't intend on taking his friend's eye out. If you're gonna waste time and money prosecuting a child over a toy gun incident, you had better bring intent into the situation. You're telling me it's not ludicrous to charge a child with a felony for accidently shooting his friend in the eye with a toy gun? lol

All my friends would have felonies for the things we did to each other out of spite, jealousy, retaliation, etc......instead we don't have records and are living normal, successful lives. The things I could have been charged for when I was a kid if crackpot DA's existed where I live.:oldlol:

You're right. When someone ends up in court for shooting someone, we should first ask them "where on the person you shot at did you intend for the bullet to hit?" or "did you intend to kill them?".

Their answers would no doubt ease many of the problems we have with overcrowded courts and prison systems.

I don't doubt that you look back fondly at all the wacky stuff you and your friends did. Your thought process seems pretty immature.

Rasheed1
02-02-2011, 05:09 PM
Granted, the big picture...couple kids screwing around, airgun, bygones be bygones...looks pretty silly. That's exactly why reporters look for stories like this. They generate talk.

But the relevant fact is that the kid got mad...by his own admission...turned and shot his friend in the face.

That's a bad way to approach problem solving and anger management. The article alludes to the fact that the courts have discretion when a kids body of work (school records, etc) merit.

We don't know anything about the kid other than what's in the story. The courts do. There's no political hay to be made by bringing a good kid who got in an accident up on charges. But it wasn't an accident. He executed his 'move'...the rapid gunfiring move that he's given a name to...and pulled a trigger.

I'd much rather address this kids lousy temper and decision making now than later, when maybe there's more than an airgun involved.

Land of the free and home of the brave is a nice platitude, but it has absolutely no relevance to the situation.


I understand the concerns...... I think you can address the kid's concerns without unnecessarily introducing him to the criminal justice system at a young age over something like that. that can be handled without police lawyers and judges...

kids grew up for years and had bb guns and all types of sh*t and we never needed the cops to handle this stuff before...

I think we have a hyper punitive society... People are getting carried away with wanting everyone punished for every little thing that happens..

Point being.... the police and the criminal justice system isnt needed to mediate this dispute

Dolphin
02-02-2011, 05:11 PM
You're right. When someone ends up in court for shooting someone, we should first ask them "where on the person you shot at did you intend for the bullet to hit?" or "did you intend to kill them?".

Their answers would no doubt ease many of the problems we have with overcrowded courts and prison systems.

I don't doubt that you look back fondly at all the wacky stuff you and your friends did. Your thought process seems pretty immature.

The bullet. Is that what you call the projectiles shot out of a toy gun? lol

Kill. Ya, that word should be brought up here when we're talking about a toy gun.

Apparently you and the DA have a hard time with context. Context means everything when charging a boy with a felony for shooting a toy gun.

What about my thought process was immature? That I'm glad the silly things I did as a kid didn't pointlessly send my to juve? Ya, real immature of me to be thankful for that. Way to go on the logic part here. You should be proud of yourself.

Rasheed1
02-02-2011, 05:12 PM
Petty? He shot his friend in the face in anger... Worst case scenario he could have been blinded. You wouldnt say that shooting someone in the face with a bb gun was petty if the kid was blinded.


no I wouldnt call it petty had someone been blinded... but being as though no one was blinded? this is a great opportunity for his parents to pull the kid aside and get after him about his behavior and the fact that someone could have been blinded or seriously hurt.. he is still a minor and this isnt an instance where he needs to go in front of a judge

I just dont see where the cops come in

Dolphin
02-02-2011, 05:16 PM
no I wouldnt call it petty had someone been blinded... but being as though no one was blinded? this is a great opportunity for his parents to pull the kid aside and get after him about his behavior and the fact that someone could have been blinded or seriously hurt.. he is still a minor and this isnt an instance where he needs to go in front of a judge

I just dont see where the cops come in

But the cops have to come man. Nothing more worthwhile than wasting our money and this kid's time than to put him in juve for NOT blinding his buddy who is still friends with him because everyone BUT the DA realizes it's a non issue. lol

JMT
02-02-2011, 05:16 PM
I understand the concerns...... I think you can address the kid's concerns without unnecessarily introducing him to the criminal justice system at a young age over something like that. that can be handled without police lawyers and judges...

kids grew up for years and had bb guns and all types of sh*t and we never needed the cops to handle this stuff before...

I think we have a hyper punitive society... People are getting carried away with wanting everyone punished for every little thing that happens..

Point being.... the police and the criminal justice system isnt needed to mediate this dispute

On the other hand, we all know or knew kids that have all the earmarks of dangers to society. Too quick to anger, act without thinking, see violent acting out as an answer, etc.

The article talks about how the courts review the kids school behavior, family situation, psychological profile and other factors before deciding whether to press charges. I'm sure this isn't the only instance of a kid shooting another kid with an airsoft gun, but I haven't heard of any of them resulting in charges. It doesn't appear the local DA is recklessly targeting juveniles.

So why this kid? Total random coincidence, or are there behavioral issues that the reporter doesn't go into? It's not even a dispute...the other family didn't press charges...so how do the police and DA come to be in volved?

There's much more to this story that's not in the article. My guess is that's why the authorities got involved, not to unreasonably persecute a good kid.

JMT
02-02-2011, 05:21 PM
The bullet. Is that what you call the projectiles shot out of a toy gun? lol

Kill. Ya, that word should be brought up here when we're talking about a toy gun.

Apparently you and the DA have a hard time with context. Context means everything when charging a boy with a felony for shooting a toy gun.

What about my thought process was immature? That I'm glad the silly things I did as a kid didn't pointlessly send my to juve? Ya, real immature of me to be thankful for that. Way to go on the logic part here. You should be proud of yourself.

OK, let's make it 'projectile' and 'harm'.

And it's not shooting a toy gun that's the problem. It's shooting a toy gun at someone in anger. There's your context.

The immature thought process takes a situation and reduces it to the ridiculous (ie kid...toy gun...can't be bad...me and my friends did that...uhhuh uhhuh). The mature thought process takes into account the action, what precipitated the action, and the potential results of the action.

shlver
02-02-2011, 05:23 PM
no I wouldnt call it petty had someone been blinded... but being as though no one was blinded? this is a great opportunity for his parents to pull the kid aside and get after him about his behavior and the fact that someone could have been blinded or seriously hurt.. he is still a minor and this isnt an instance where he needs to go in front of a judge

I just dont see where the cops come in
Where the cops come in? A crime was committed in anger.

JMT
02-02-2011, 05:26 PM
I just dont see where the cops come in

Doctor/hospital called the law, as he's required to do.

Rasheed1
02-02-2011, 05:26 PM
Where the cops come in? A crime was committed in anger.

a crime :facepalm

yo... you are seriously trying to equate this to real crime? :oldlol:


I guess its already too late if you truly believe kids should be arrested for this kind of stuff...

Dolphin
02-02-2011, 05:27 PM
OK, let's make it 'projectile' and 'harm'.

And it's not shooting a toy gun that's the problem. It's shooting a toy gun at someone in anger. There's your context.

The immature thought process takes a situation and reduces it to the ridiculous (ie kid...toy gun...can't be bad...me and my friends did that...uhhuh uhhuh). The mature thought process takes into account the action, what precipitated the action, and the potential results of the action.

Potential results of the action? We know what the results are. Nothing happened and the kids are still friends because nothing happned. Thank you, come again.

I never said a kid with a toy gun can't be bad because of the things I did as a kid. lol I said knowing full well that a kid doesn't need to go to juve to get over this incident (because I know many a kid who did these types of things and didn't need to go to juve), I think this DA is a crackhead.

According to you, anger + split second mistake that resulted in no harm = felony charge for a minor. The fact that you used the word bullet before, I think you have this idea that the kid stole a gun from his dad's desser, aimed at his friend's head and pulled the trigger. lol

The only footing you have in the argument is if this kid had a prior record. We can't prove he didn't, but you can't prove he did. So what are you arguing here? And ya, kids without prior records do get ****ed over by the law. It happens all the time, dummy.:roll:

bdreason
02-02-2011, 05:28 PM
Sounds like a setup for an eventual lawsuit against the toy company.

shlver
02-02-2011, 05:31 PM
Potential results of the action? We know what the results are. Nothing happened and the kids are still friends because nothing happned. Thank you, come again.

I never said a kid with a toy gun can't be bad because of the things I did as a kid. lol I said knowing full well that a kid doesn't need to go to juve to get over this incident (because I know many a kid who did these types of things and didn't need to go to juve), I think this DA is a crackhead.

According to you, anger + split second mistake that resulted in no harm = felony charge for a minor. The fact that you used the word bullet before, I think you have this idea that the kid stole a gun from his dad's desser, aimed at his friend's head and pulled the trigger. lol

The only footing you have in the argument is if this kid had a prior record. We can't prove he didn't, but you can't prove he did. So what are you arguing here? And ya, kids without prior records do get ****ed over by the law. It happens all the time, dummy.:roll:
Anger+split second mistakes also equal murders. Better to nip it in the bud and give harsh consequences.

shlver
02-02-2011, 05:32 PM
a crime :facepalm

yo... you are seriously trying to equate this to real crime? :oldlol:


I guess its already too late if you truly believe kids should be arrested for this kind of stuff...
Shooting someone with a BB gun is a crime.

Dolphin
02-02-2011, 05:33 PM
Anger+split second mistakes also equal murders. Better to nip it in the bud and give harsh consequences.

Again, context. What part of shooting a toy gun that wasn't even aimed at his friend's eye = murder or the potential for this kid to commit a murder in the future? lol

Society has become such a failure in many ways.:facepalm

btw, my mother in higschool was shot in the leg with a bb gun by a dude in his apartment while running track. He was arrested, and rightfully so because there was a clear intent to harm someone. Context.

shlver
02-02-2011, 05:38 PM
Again, context. What part of shooting a toy gun that wasn't even aimed at his friend's eye = murder or the potential for this kid to commit a murder in the future? lol

Society has become such a failure.:facepalm
Are you dumb? If not, why are you dumbing down the argument? I never said that shooting a bb gun equals the potential of murder in the future. I said the anger and the split second decision equals murder. It is fully at the discretion of the DA to prosecute an actual crime that caused bodily injury. Doesn't matter if they're friends, if it was an accident, if it was settled by an xbox. It is not ludicrous as you guys make it sound. I see it more of as a preventive measure. I know a lecture from my parents wouldn't stop me from doing something wrong.

JMT
02-02-2011, 05:40 PM
Potential results of the action? We know what the results are. Nothing happened and the kids are still friends because nothing happned. Thank you, come again.

I never said a kid with a toy gun can't be bad because of the things I did as a kid. lol I said knowing full well that a kid doesn't need to go to juve to get over this incident (because I know many a kid who did these types of things and didn't need to go to juve), I think this DA is a crackhead.

According to you, anger + split second mistake that resulted in no harm = felony charge for a minor. The fact that you used the word bullet before, I think you have this idea that the kid stole a gun from his dad's desser, aimed at his friend's head and pulled the trigger. lol

The only footing you have in the argument is if this kid had a prior record. We can't prove he didn't, but you can't prove he did. So what are you arguing here? And ya, kids without prior records do get ****ed over by the law. It happens all the time, dummy.:roll:

Again, the immature thought process.

'Split second mistake'? Had he gotten mad, thrown the gun on the floor, and it misfired, hitting the other kid? That's a split second mistake.

Fire the gun...real or toy...in the air in anger, and the ricochet hurts someone? Mistake. Possibly a punishable mistake, but a mistake none the less.

Having the presence of mind, when mad, to fire the handy gun...real or toy...at someone isn't a mistake. It's a decision.

shlver
02-02-2011, 05:47 PM
And a BB gun is considered a deadly weapon in many jurisdictions.

Dolphin
02-02-2011, 05:50 PM
Are you dumb? If not, why are you dumbing down the argument? I never said that shooting a bb gun equals the potential of murder in the future. I said the anger and the split second decision equals murder. It is fully at the discretion of the DA to prosecute an actual crime that caused bodily injury. Doesn't matter if they're friends, if it was an accident, if it was settled by an xbox. It is not ludicrous as you guys make it sound. I see it more of as a preventive measure. I know a lecture from my parents wouldn't stop me from doing something wrong.

So you are assuming there is a legit chance this kid might seriously harm or muder someone later on without any proof?

I guess I'm gonna have to wait until more facts are released. ie. this kid seriously harmed people before.

shlver
02-02-2011, 05:51 PM
So you are assuming there is a legit chance this kid might seriously harm or muder someone later on without any proof?

I guess I'm gonna have to wait until more facts are released. ie. this kid seriously harmed people before.
No I'm not assuming anything. You brought up intent. I just know that the kid shot his friend in the face and it is perfectly in the rights of the DA to prosecute.

Dolphin
02-02-2011, 05:53 PM
Again, the immature thought process.

'Split second mistake'? Had he gotten mad, thrown the gun on the floor, and it misfired, hitting the other kid? That's a split second mistake.

Fire the gun...real or toy...in the air in anger, and the ricochet hurts someone? Mistake. Possibly a punishable mistake, but a mistake none the less.

Having the presence of mind, when mad, to fire the handy gun...real or toy...at someone isn't a mistake. It's a decision.

Dropping the gun and it firing isn't a mistake. That's an accident. lol

Does continuously saying "immature thought process" make you feel better about your argument. Cause you're the only one buying that what I'm saying is immature. Obviously you and one or two others disagree, but immature? Really? Where did you learn your argumentative skills? lol

It was a mistake for the kid to aim at his friend and fire. Yes, a mistake. Hence the term "a mistake of judgement".

Go to school. You need it.


No I'm not assuming anything. You brought up intent. I just know that the kid shot his friend in the face and it is perfectly in the rights of the DA to prosecute.

No shit it's the DA's right. That's the whole point. He's abusing his right. A lot of stupid things are protected by legal rights. lol

shlver
02-02-2011, 05:58 PM
Dropping the gun and it firing isn't a mistake. That's an accident. lol

Does continuously saying "immature thought process" make you feel better about your argument. Cause you're the only one buying that what I'm saying is immature. Obviously you and one or two others disagree, but immature? Really? Where did you learn your argumentative skills? lol

It was a mistake for the kid to aim at his friend and fire. Yes, a mistake. Hence the term "a mistake of judgement".

Go to school. You need it.

Which is illegal.


No shit it's the DA's right. That's the whole point. He's abusing his right. A lot of stupid things are protected by legal rights. lol
How is it an abuse? Because they are friends? Because he is young? Because they settled it with an xbox?

Dolphin
02-02-2011, 06:17 PM
Which is illegal.


How is it an abuse? Because they are friends? Because he is young? Because they settled it with an xbox?

So you believe any act that is illegal should be prosecuted? That ideology is the reason people went to jail for 20 years because they were smoking a joint. lol

It is an abuse of his power because there is no end game to his prosecution. What does it solve? Nothing. Kids will still make mistakes. What does it do for the specific kid? It will send him to juve and give him a record. But that's fine because you seemingly think this kid can't be corrected at home...you don't know him, but he must be pretty horrible in your eyes to waste this much time and money on him.

DRoseOwnsACamry
02-02-2011, 06:19 PM
Which is illegal.


How is it an abuse? Because they are friends? Because he is young? Because they settled it with an xbox?
Are you a ****ing police officer or something? Or just a complete dickhead?

ErhnamDjinn
02-02-2011, 06:21 PM
sh!t like this is pointless it was a accident that could have gone bad but didnt parties settled all ended up well no need for things to get further, you talk about all stuff illegal should be prosecuted, yet we get dumb fuks like Lindsay Lohan or Paris Hilton who constantly get caught doing drugs, driving under the influence with mere slaps of the hand or minor punishment. Yet you side with a DA who wants to get involved in a petty accident that was settled right of the bat? Im thinking this DA just wants to make a name for himself or get into the news. As I mentioned there are more crimes that need to be worried about then to spend some time on something this petty.

ErhnamDjinn
02-02-2011, 06:23 PM
Are you a ****ing police officer or something? Or just a complete dickhead?
probably just a schist er dick lawyer or both who will probably sue me because I defamed him in the interwebs:rolleyes:

code green
02-02-2011, 06:32 PM
When it's an adult, it's one thing, but a kid? come on, now. let him give the x-blox to his friend as "restitution," make the kid do some community service hours, or something. Throwing the book at him at 13 is unreasonable if he has people going to bat for him saying it was a momentary lapse of judgement.

When I was 13, I was playing hustle with a few friends before school and one of my better friends tapped my shot to bring me back down to zero. I turned around to him, laughed, and said "When I come here and pull a columbine, you're first on my list." The next day, I get called down to the principal's office found out a parent overheard it and called the school. Could I have gotten kicked out of school? Sure...they have a zero tolerance policy. But instead of going after me right away, the cops asked teachers (i had all A's and B's and never acted out), the kid's mom (who was a teacher at the school, i went to her house all the time...she thought I should not have gotten in trouble at all), the basketball coaches at the school, and everyone said it was just a stupid mistake, so i only received one day of ISS and was told to watch what I say from then on. Never got in any trouble again in middle and high school. That situation could have ruined the rest of my childhood, and I'm glad there were intelligent adults around that would rather help than punish me.

kentatm
02-02-2011, 06:53 PM
Petty? He shot his friend in the face in anger... Worst case scenario he could have been blinded. You wouldnt say that shooting someone in the face with a bb gun was petty if the kid was blinded.

and he didnt shoot his friend with a BB gun

he shot him with something barely stronger than a NERF gun

JMT
02-02-2011, 06:56 PM
Dropping the gun and it firing isn't a mistake. That's an accident. lol

Does continuously saying "immature thought process" make you feel better about your argument. Cause you're the only one buying that what I'm saying is immature. Obviously you and one or two others disagree, but immature? Really? Where did you learn your argumentative skills? lol

It was a mistake for the kid to aim at his friend and fire. Yes, a mistake. Hence the term "a mistake of judgement".

Go to school. You need it.



The scenario presented was "Had he gotten mad, thrown the gun on the floor, and it misfired, hitting the other kid? That's a split second mistake." Not dropped by accident. Thrown. Mistake, not accident.

Either your reading comprehension is very bad or you're so desperate to be perceived as right that you adjust facts to support your argument.

And as far as going to school? The correct term is a 'mistake in judgment'. And 'judgment' isn't spelled with an 'e'.

Mistakes in judgment land people in really big trouble all the time. Getting behind the wheel after too much to drink? A mistake in judgment. Mistakes in judgment are punishable when they involve another persons safety or well being.

Because the projectile didn't permanently or seriously harm doesn't mean the decision, the choice he made, goes away.

Kungfro
02-02-2011, 07:03 PM
Slver must not have siblings, I can't tell you how many times I've snapped at my brother growing up.

kentatm
02-02-2011, 07:04 PM
BTW, I have several friends who are lawyers in Colorado.

I asked a couple about this today and their individual responses without knowing what the other said were "That DA is made fun of by other lawyers as a fascist up here" and "I met that guy and the dude may as well be from the movie 1984"

He apparently also tried to pin murder on a 80 year old man who shot an illegal immigrant that was robbing his house and threatening to kill him fairly recently.

The one friend that called him a fascist defended a guy against him that was up for felony sexual assault for the crime of being drunk and peeing on a tree in public. :wtf:

:facepalm


so..... yea. awesome DA.

Walduś
02-02-2011, 07:04 PM
if the kid was white just let off with a warning because i know he did unintentionally and if he's not send him to prison for minimum 20 years. :applause:

Dolphin
02-02-2011, 07:30 PM
The scenario presented was "Had he gotten mad, thrown the gun on the floor, and it misfired, hitting the other kid? That's a split second mistake." Not dropped by accident. Thrown. Mistake, not accident.

Either your reading comprehension is very bad or you're so desperate to be perceived as right that you adjust facts to support your argument.

And as far as going to school? The correct term is a 'mistake in judgment'. And 'judgment' isn't spelled with an 'e'.

Mistakes in judgment land people in really big trouble all the time. Getting behind the wheel after too much to drink? A mistake in judgment. Mistakes in judgment are punishable when they involve another persons safety or well being.

Because the projectile didn't permanently or seriously harm doesn't mean the decision, the choice he made, goes away.

You know your arguement is running out of steam when you gotta resort to spell checking for people.:roll:

I'm not desperate to be percieved as right. Most of the people in this thread agree with me.........but I'm sure you're gonna ignore this. lol

And ya, throwing your gun on the ground in anger, not trying to shoot anyone, is an accident. How dense can you be?

Catch ya later, holmes.

PowerGlove
02-02-2011, 08:29 PM
Slver must not have siblings, I can't tell you how many times I've snapped at my brother growing up.
I didnt have any siblings around my age, but I remember snapping at my friends several times, shit just happens.

PHX_Phan
02-02-2011, 08:46 PM
and he didnt shoot his friend with a BB gun

he shot him with something barely stronger than a NERF gun

This. It's dumb to try and correlate the decision made with a non-lethal weapon with that of a lethal weapon. You don't take the same precautions when handling a toy verses handling a weapon.

I wonder if you bump your friend in a go kart race you are displaying a personality trait towards road rage as well. :rolleyes:

shlver
02-02-2011, 09:08 PM
So you believe any act that is illegal should be prosecuted? That ideology is the reason people went to jail for 20 years because they were smoking a joint. lol

It is an abuse of his power because there is no end game to his prosecution. What does it solve? Nothing. Kids will still make mistakes. What does it do for the specific kid? It will send him to juve and give him a record. But that's fine because you seemingly think this kid can't be corrected at home...you don't know him, but he must be pretty horrible in your eyes to waste this much time and money on him.
You keep jumping from different arguments. How is it an abuse of power if what the boy did was illegal?

It's not a bb gun douchenozzle, it's an airsoft gun. They barely leave a bruise when you shoot them a half inch away from your skin.

What kid hasn't made a rash decision in their life? A friend of mine came at me with a hockey stick, which is much more dangerous. He's in an ivy league school now.

The other kid wasn't hurt, they made up. Just leave it alone.
Says the guy who thinks getting slipped a roofie is that person's own fault for not being aware
Doesn't matter if it was a BB or airsoft. And lmfao at barely leaving a bruise at half an inch away. This guy got shot in the eye where it can do debilitating damage.

tpols
02-02-2011, 09:31 PM
You keep jumping from different arguments. How is it an abuse of power if what the boy did was illegal?

Says the guy who thinks getting slipped a roofie is that person's own fault for not being aware
Doesn't matter if it was a BB or airsoft. And lmfao at barely leaving a bruise at half an inch away. This guy got shot in the eye where it can do debilitating damage.
If you shoot a rubber band at someones eye you can cause a lot of damage. Doesn't mean you should be trying the kid for a felony. You're just playing devil's advocate and going on technicalalities in the law while blatantly ignoring the conext of the situation. It was a KID who accidently shot his friend in the eye with the equivalent of a ****ing nerf gun, and he's getting charged with a FELONY that will cause him HUGE problems later in life and ruin his future. You're a clown.:facepalm

kentatm
02-02-2011, 09:39 PM
Doesn't matter if it was a BB or airsoft. And lmfao at barely leaving a bruise at half an inch away. This guy got shot in the eye where it can do debilitating damage.


:facepalm


Hey moron, an airsoft is NOT considered a deadly weapon so the difference absolutely matters. Its a TOY that can be bought by kids of all ages. It can barely shoot through a piece of paper.

Why are you being so stupid about this?

shlver
02-02-2011, 09:41 PM
If you shoot a rubber band at someones eye you can cause a lot of damage. Doesn't mean you should be trying the kid for a felony. You're just playing devil's advocate and going on technicalalities in the law while blatantly ignoring the conext of the situation. It was a KID who accidently shot his friend in the eye with the equivalent of a ****ing nerf gun, and he's getting charged with a FELONY that will cause him HUGE problems later in life and ruin his future. You're a clown.:facepalm
I'm not advocating the decision of the DA to try it as a felony, and most of my opinions were formulated on the basis of my incorrect assumption that the gun used was a BB gun where the kid could have killed his friend. However most of your guys' arguments are just retarded and the statement that the DA's decision is an abuse of power is laughable.

shlver
02-02-2011, 09:43 PM
:facepalm


Hey moron, an airsoft is NOT considered a deadly weapon so the difference absolutely matters. Its a TOY that can be bought by kids of all ages. It can barely shoot through a piece of paper.

Why are you being so stupid about this?
Not true. you have to be 18 to buy an airsoft gun. :roll: at barely shooting through paper. A projectile going at 250 fps can barely go through a piece of paper? Are you stupid?

jasonresno
02-02-2011, 09:46 PM
Shiiit man. No harm no foul. My buddies and I use to have huge 10 x 10 airsoft battles when we were kids.

Kobe8
02-02-2011, 09:51 PM
I was shot with a pellet gun in the eye b4.

Dolphin
02-02-2011, 10:22 PM
I'm not advocating the decision of the DA to try it as a felony, and most of my opinions were formulated on the basis of my incorrect assumption that the gun used was a BB gun where the kid could have killed his friend. However most of your guys' arguments are just retarded and the statement that the DA's decision is an abuse of power is laughable.

How is it laughable? A DA has the choice to prosecute in these types of cases. Considering prosecuting this kid benefits no one, nor society as a whole, the DA certainly is abusing his power to charge the kid.

The fact that you can't get this through your head is concerning.

Again, if something comes out later that says this kid was killing cats in his basement or had a long history of violence against other kids, then sure, something has to be done. But we don't know that, so you certainly aren't basing your position on that. You come off as a highschooler going through one of those typical phases where you have to go against everything to feel different.

kentatm
02-02-2011, 11:36 PM
Not true. you have to be 18 to buy an airsoft gun. :roll: at barely shooting through paper. A projectile going at 250 fps can barely go through a piece of paper? Are you stupid?

:wtf: :facepalm

maybe you should look in the mirror and ask the question to yourself.

the one he has shoots at cant possibly be going over 150-200 max (an average paint gun shoots at around 280) and THERE IS NO AGE LAW in the US for airsoft guns.


the news station doing the report even tested it and half the shots could not make it through a piece of paper.

did you even read the damn story?


FOX31 News tested an identical airsoft toy gun and fired it at a piece of notebook paper. Sometimes the plastic beads went through the paper and sometimes they bounced off. Firearms expert and former police officer Rich Wyatt says, “It’s a toy, it’s an airsoft gun that can be purchased in any store. You don’t have to be any age to purchase it.”

joe
02-03-2011, 12:33 AM
Anyone who thinks this is a justified charge, are disgusting. And part of the problem with America. We don't need the POLICE and the COURTS to settle every thing in our lives! It used to be that people argued, kids wrestled, people got hurt, people did dumb things... and that was the end of it. But there's people even in this very forum who thinks these charges are justified. A felony is a huge setback in a persons life, and in America we just throw them around like parking tickets. Why do we have such desire to put our own citizens in prison? Why can't we handle anything without the police?

JMT and others like him DISGUST me.

As for this story, THIS IS OUTRAGEOUS. I remember one time I cut my friend with an axe when we were playing with his Dad's tools. Left him a nice little scar on his arm. Good thing his parents didn't call the EMT's or I might be doing a 25-life bid at the moment.

Go Getter
02-03-2011, 07:22 AM
It's disguised as order but what it really does is turn kids off to rules and the law of the land.

What a petty way to handle this dispute. If the boy says he's sorry and the other boy accepts then just drop it.

Keep the boy on a 2 year probation period and if he does something else wrong throw the book at him, if he doesn't, clear his record.

But having all these petty laws are turning our youth away from what we are supposed to be endearing them to.

Showtime
02-03-2011, 12:11 PM
The parents should be facing charges, not the child. It's their responsibility to teach gun safety, even when giving their kids airsoft guns. You never point at anything you don't intend to fire upon, and you should never fire upon other people. If the kid isn't mature enough to handle that kind of "toy" (reacting poorly to something that got him upset, and firing on another person), then that's on the parents.

Immortal Bum
02-03-2011, 12:18 PM
No one has brought race into yet? Guess I'm right on time then.

This kid is getting off pretty easy and he should be thankful, because if he were black he would have the entire justice system thrown at him. Would most likely be locked up until 18 and then put on probation.