We previously discussed the accident involving an off-duty FBI agent whose service weapon fell out while doing a back flip on a dance floor in Denver. Chase Bishop has now charged with assault. The charge is problematic in my view. I have been a long critic of the criminalization of negligence and civil violations for years. This seems like a clear case of negligence that could be properly handled in a torts action and internal disciplinary actions at the FBI.
The second-degree assault charge is allowed under a provision covering any injury through the reckless handing of a gun:
Universal Citation: CO Rev Stat § 18-3-203 (2016)
(1) A person commits the crime of assault in the second degree if:
. . .
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon . . .
In this case, Bishop is being cited for not better securing his weapon. There is no word on the blood alcohol tests performed after the shooting of the bar patron in the leg.
Unless there was intoxication or other aggravating circumstances, I do not view this as necessarily a criminal as opposed to a civil matter.
What do you think?