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| Man Shot as Two Bondsmen Take Him Into Custody http://fugitiverecovery.com/forum/viewtopic.php?f=26&t=9187 |
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| Author: | AWOBB [ Tue 18 Nov 2008 19:33 ] |
| Post subject: | Man Shot as Two Bondsmen Take Him Into Custody |
A 32-year-old man was accidentally shot Thursday morning while being taken into custody by two bail bondsmen at the Traveler's Inn, 3846 S.W. Topeka Blvd., police said. Two bail bondsmen employed by A-1 Bail Bonds around 11:23 a.m. pursued the man on foot before he stopped and surrendered to the men, said Topeka police Lt. Chris Heaven. The man voluntarily laid on the ground and was being handcuffed when one of the bail bondsman's handgun went off, Heaven said. Police said the bullet grazed the man's back, causing some skin loss in the process. The victim was taken to St. Francis Health Center, where he was treated and released. The man then was taken into custody and booked into the Shawnee County Jail in connection with a city custody slip. The bail bondsmen were interviewed by police and released. The names and ages of the men weren't available. Police said the incident is under investigation. |
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| Author: | MarshallSvc [ Tue 18 Nov 2008 21:22 ] |
| Post subject: | Re: Man Shot as Two Bondsmen Take Him Into Custody |
How in the heck does your weapon "go off" while cuffing a compliant subject???? |
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| Author: | SpanielPI [ Tue 18 Nov 2008 21:31 ] |
| Post subject: | Re: Man Shot as Two Bondsmen Take Him Into Custody |
Ad's happen frequently...(Accidental Discharges). Remember the video of the Pittsburgh, Pa. cop who was lecturing to a group of school kids whose 9mm went off and shot himself in the leg ? My guess is, obviously, something caught the trigger causing it to fire. Sliding in and out of vehicles, car keys in pockets, running can vibrate external safety's into the "fire" position, etc. |
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| Author: | DSI [ Wed 19 Nov 2008 08:42 ] |
| Post subject: | Re: Man Shot as Two Bondsmen Take Him Into Custody |
This sounds like poor or lack of training and an ideal case for criminal/civil liability. Even a poor attorney could make a prima facie case for vicarious liability as it relates to the employer of these men. As a Firearms Instructor I am amazed with the stories that individuals come up when their weapon is fired other than to protect life. There is no such thing as an Accidental Discharge, in 99.9 % of the follow-up investigations it has been found that the shooter was negligent and failed to act as a reasonable person would have to prevent a negligent situation. “NEGLIGENT DISCHARGE” An accidental shot is an undesirable discharge of a weapon or a mechanical malfunction of careless handling. 99% of the time an undesirable discharge of a weapon in not accidental, but negligent. Therefore, the term “negligent shot” is a more accurate description of what transpires. The aforementioned comes from the firearms training manual of a major urban police department that I am very familiar with. I am not here to be judge or jury of these men, I truly hope they are cleared of any criminal liability. However I am sure that they will be exposed to civil liability and all of the negative connotations that go with it. |
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| Author: | KARMA [ Wed 19 Nov 2008 08:49 ] |
| Post subject: | Re: Man Shot as Two Bondsmen Take Him Into Custody |
Hmmm |
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| Author: | SpanielPI [ Wed 19 Nov 2008 12:22 ] |
| Post subject: | Re: Man Shot as Two Bondsmen Take Him Into Custody |
While I agree with the vicarious liability and negligence positions, down here, we use the term "Accidental Discharges" frequently...because, that is in effect what it is by our definitions down here: The unintended firing of a weapon...i.e. an accident..... |
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