benveniste ([info]benveniste) wrote,
@ 2009-06-15 20:51:00
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Different States, different standards?
Just over a year ago, I wrote about the tragic death of Taylor Michalec in Texas. No charges were filed in that case.

Today, we find a story of the tragic death of Jacob Kadamus in Vermont. Like Taylor he was accidentally shot by a close relative during a hunt. In Taylor's case it was his grandfather, Anton Michalec. In Jacob's case, it was his father, Kevin Kadamus.

The difference is that Kevin Kadamus has now been charged with manslaughter. In theory, he faces 15 years in prison. In Texas, the case was closed without any criminal charges.

In the Vermont case, the shooter is charged with not identifying his target before firing. In the Texas case, the shooter was walking in back of his grandson along a creek, apparently with the safety off. The trigger snagged on "a branch or some type of vine," resulting in a fatal shot. I'm not a hunter, but both acts seem equally negligent to me.

Both Texas and Vermont have a strong history of expecting their citizens to take personal responsibility. While they have very different approaches to gun regulation and "gun control" laws, please debate those laws elsewhere. Both states expect and demand that a hunter know how to keep their gun under control in the field.

So why the different legal results? Is it as simple as the fact that Anton Michalec was an ex-police officer? I certainly hope not.



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[info]gerisullivan
2009-06-16 06:42 am UTC (link)
I certainly hope not, too. If the cases were reversed, I could almost see the case for it since I expect even ex-police officers to have higher standard of gun safety knowledge than casual hunters. But the bottom line is that anyone handling a gun needs to be able to control it. I hope the difference between the cases is attributable only to different calls being made in what some prosecutors say is a gray area.

From what I remember of your post a year ago, you and I have a common perspective about how such cases should be handled. I do, however, have to agree with the game warden who was quoted as saying, ""I've never seen a 17-year-old boy who looks anything like a turkey."

There was apparently a case in Minnesota in April 2008 where a father accidentally shot and killed his 8-year-old son while turkey hunting. In August, a Minnesota man who killed his son while turkey hunting pleaded guilty to manslaughter and got a 30-day jail sentence and 10 years' probation. Anthony Klaseus was also ordered to perform 400 hours of community service. According to at least some news <a href= "http://www.startribune.com/local/south/18608114.html>reports</a>, Klaseus had both pot and alcohol in his system at the time of the shooting. He also didn't have a hunting license nor permission to be on the land. To my eyes (and limited information in all three cases), his negligence far outweighs the other two combined.

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[info]madfilkentist
2009-06-16 09:33 am UTC (link)
Neither news story is sufficiently detailed for me to form a comparative judgment. (Besides which, I'm not quite awake yet.)

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