Cheney Should Be Investigated By LE for Felony Reckless Conduct With a Gun

[nashuaadvocate]

As a criminal defense attorney who has represented people charged with felony reckless conduct with a firearm (in my state, punishable by up to fifteen years in prison, with a minimum penalty of three years in prison), I do not understand why law enforcement (LE) is not involved here.

I'm blogging about this now, here and here, for anyone who's interested.

Frankly the media blitz calling this an "accident" is absurd. Yes, it might be an accident, or it might be criminal recklessness with a firearm, a felony in most states. People who are not attorneys and who are not employees of the criminal justice system at either the state or federal level simply do not understand that an act does not have to be "purposeful" or even "knowing" to be a crime. "Recklessness" is, in some instances, enough--even "negligence" is chargeable in certain circumstances.

So how about we put the brakes on this rush to judgment, hmm? It seems to me that none of us would get the benefit of the doubt from LE that Cheney is getting, so why shouldn't we be outraged at the disparate treatment?

This is a bigger story than the media is reporting it as, and that's a fact. We're chumps if we buy into the "humor" aspect of this story, as some here seem inclined to do.

So, if you find this funny rather than a possible criminal incident which isn't being investigated because the suspect is the Vice President, good for you: that's just what Cheney's people (and, it seems, the media) want you to think. But you better believe that you or I, under similar circumstances, would still be facing police interrogation down in Texas if we had shot a man wearing bright orange in broad daylight from a distance of ninety feet.

[C_U_L8R]

1. It's the cover-up.

Apparently the White House did not intend on reporting this
except a local paper broke the scoop today.

So it is apparent there was a cover up.
But WHY was it covered up?
WHAT was covered up?

Perhaps Cheney was shitfaced while shooting???

Isn't the cover-up itself a crime?

[nashuaadvocate]

3. He doesn't have to have been drunk to be charged with a crime.

Reckless conduct with a firearm is already a felony.

S.

[oneighty]

2. Right on consular

Friend of mine in NY State lost hunting privileges for something like ten years, right to have weapons fines and hospital costs. If he did not have money and insurance it could have been far worse. I bet.

180

[FormerRepublican]

4. It IS being investigated by the local sheriff - not that it means anything

[nashuaadvocate]

5. Thanks, FR. Do you have a link? nm

[FormerRepublican]

7. When I first started reading, all the news stories had it. Now it's just

...the BBC.

"The local sheriff's department is investigating the incident."

http://news.bbc.co.uk/2/hi/americas/4707354.stm

It's the last line of the story.

[nashuaadvocate]

8. thanks nm

[PhilipShore]

6. I agree

I am not a lawyer; or aware of all the facts, but Cheney was well aware that the only person around him for miles -- was just a 70 year old man. I am opposed to all guns, for hunting and for ownership security reasons.

A brief reading of the rules for gun owners says, that one cannot shoot a target unless they know what it is, and that no -- innocent bystanders -- are around. No innocent bystanders (other then the fellow 70 year old hunter) could be around because the secret service would not allow anyone around for miles.

[JerseygirlCT]

9. You know what also scares me?

Imagine the positions were reversed and Whittingham was the one who shot Cheney.

Do you think the guy would have survived the secret service gunfire following his "accident"?

[nashuaadvocate]

10. good point! nm

[rocktivity]

11. Well, now that you've brought it up

Is there a DU-er who can clue us in on excactly what would be the procedure if this had happened to two ORDINARY people?

:shrug:
rocknation

[nashuaadvocate]

12. Now that MSNBC and CNN have as front-page stories...

...the cover-up of this "accident," and the White House Press Corps destroyed McClellan on this very issue today, and the victim has clammed up completely, isn't it time we start calling for not just a police investigation of this situation (which the BBC says has already begun) but a BRIEFING on the status of that investigation from the local Sheriff's Department?

This only gets swept under the rug if we let it, people.

I'm sorry, but all of you who viewed this as a joke of some kind really missed the boat I think...this is a significant story and the media is testing the waters RIGHT NOW as to how seriously it should take it.

Now I'm seeing all these threads on DU saying, like, "was this criminal"? Where were you folks *yesterday*, when this thread right here died on the vine?

Very disappointed indeed.