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George...
Posted: Fri Jul 04, 2008 1:15 pm
Guest
http://www.foxnews.com/story/0,2933,376391,00.html

:
"Espitia's home is about one-third of a mile from where the boy was playing
with other children in his cousin's backyard. The area east of Kyle has a
mix of farmland and mobile homes."

George in Las Vegas


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Al Patrick...
Posted: Sat Jul 05, 2008 1:41 am
Guest
George wrote:
# http://www.foxnews.com/story/0,2933,376391,00.html
#
# :
# "Espitia's home is about one-third of a mile from where the boy was playing
# with other children in his cousin's backyard. The area east of Kyle has a
# mix of farmland and mobile homes."
#
# George in Las Vegas

I think the mitigating circumstances are stated in the heading: "AUSTIN, Texas — A
Central Texas man who pleaded guilty to manslaughter in the accidental shooting death of
his 7-year-old neighbor has received an eight-year prison sentence." - ACCIDENTAL. Also,
the house was about 1/3 mile away (over 1700 feet) - not 200 feet or so. Finally, I
assume, there had been no confrontation or threats of any kind by either party or family.

I sympathize with the parents who lost their son - and the shooter's family who'll lose
his presence for a few years. No doubt there will be hardships in both cases, more
emotional in one case and both financial and emotional in the other case - if he was the
bread winner of the family. I expect this rendering will cause many to be a bit more
careful and - as most weapons manuals stress - be sure to be aware what is BEYOND the target.

Al


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Thomas Reynolds...
Posted: Sat Jul 05, 2008 1:41 am
Guest
" George" <gkbiv at (no spam) cox.net> wrote in message
news:g4mavb$qpf$1 at (no spam) grapevine.wam.umd.edu...
# http://www.foxnews.com/story/0,2933,376391,00.html
#
# :
# "Espitia's home is about one-third of a mile from where the boy was
# playing
# with other children in his cousin's backyard. The area east of Kyle has a
# mix of farmland and mobile homes."
#
# George in Las Vegas

I think this was a reasonable sentence for improperly shooting the rifle.
Guns are not toys and people who want to use them must be responsible in
their use. The kid is dead because a guy was irresponsible with his rifle.
Anyone doubt a 22 is deadly?


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Digger...
Posted: Sat Jul 05, 2008 1:41 am
Guest
On Fri, 4 Jul 2008 23:15:55 +0000 (UTC), " George" <gkbiv at (no spam) cox.net>
wrote:

Quote:
...
I wonder if all involved are legally in the state?

Seems a lot of deaths around the state especially LEOs are because of
illegals. With the help from DC and the POS candidates we just as well
get used to that!!


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jaf...
Posted: Sat Jul 05, 2008 2:57 am
Guest
So your saying if the victim was illegal her death by a careless shooter was
OK?
He should not have gotten 8 years?

John


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Al Patrick...
Posted: Sun Jul 06, 2008 1:07 am
Guest
Thomas Reynolds wrote:

#
# I think this was a reasonable sentence for improperly shooting the rifle.
# Guns are not toys and people who want to use them must be responsible in
# their use. The kid is dead because a guy was irresponsible with his rifle.
# Anyone doubt a 22 is deadly?

I heard years ago: "If you want to HURT someone use a .357. If you want to KILL someone
use a .22." Don't know the truth of the statement but like you said, a 22 can be deadly.
I think some ammo boxes used to give a caution on the box that the ammo could kill up to
a mile away.


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Al Patrick...
Posted: Sun Jul 06, 2008 1:07 am
Guest
jaf wrote:
# So your saying if the victim was illegal her death by a careless shooter was
# OK?
# He should not have gotten 8 years?
#
# John

John,

You give no quote so each of us can only GUESS who or what you are responding to.


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Herbert Cannon...
Posted: Sun Jul 06, 2008 1:07 am
Guest
Reminds me of the time I was an officer in a gun club with a large range. I
cannot tell you the number of people that told me, " No I dont need to join
the club. I can go out in my backyard practice." Of course there were no
twenty foot berms in their backyard either.


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George...
Posted: Sun Jul 06, 2008 1:07 am
Guest
# So your saying if the victim was illegal her death by a careless shooter
# was
# OK?

I doubt that is what he meant but a lot of people involved in some of our
more recent crimes have been illegals. The guys Joe Horn shot were illegal
and several accidents with fatalities have been caused by illegals. The
recent home invasion and murder, wasn't it in Texas? The men arrested are
both illegal and suspected of having military training. We have enough
criminals in our country let's get rid of the ones who don't belong here.
George in Las Vegas


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GTS Bruce...
Posted: Sun Jul 06, 2008 1:07 am
Guest
Yes. If the parents brought the child into an illegal situation then they
should be charged.

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Digger...
Posted: Sun Jul 06, 2008 1:07 am
Guest
On Sat, 5 Jul 2008 12:57:04 +0000 (UTC), "jaf" <jaf.here at (no spam) verizon.net>
wrote:

#So your saying if the victim was illegal her death by a careless shooter was
#OK?
#He should not have gotten 8 years?
#
#John
#
Nope, he should be deported as well as anyone else involved that is
illegal!!



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Bluehawk99...
Posted: Sun Jul 06, 2008 1:07 am
Guest
At first I found it odd the man was charged because on the face of the
story clearly this was an accident but having been a Texas Peace
Officer I sat back a moment and thought about it.
As usual the news source is not revealing the whole story because in
order for this man to be charged with manslaughter certain conditions
had to apply. Originally this offense was termed involuntary
manslaughter but that has been modified under Texas law, now it's
simply called manslaughter and is used primarily for intoxication
offenses when a death is involved (such as in vehicular involvements).
There is another...criminally negligent manslaughter...one point lower
on the list but is not a lower or lesser offense.
It gets complicated but an educated guess on my part says the
convicted man was intoxicated or at least had been drinking at the
time of the shooting therefore had not done all he should have to see
that his shooting activity was was going to be safe. Therefore he was
arrested and charged with manslaughter instead of criminally negligent
manslaughter.
This is just my opinion based on the very few facts of the case known
so far.


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