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State Supreme Court dismisses Bauer assault charge

Alpine

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Aug 10, 2012
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Mercer Island
Imagine that, negligence is not assault. I can't believe this had to go all the way through the courts. The appeals court decision should scare the hell out of everyone.
 

davidmcbeth

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The boy told investigators he had taken the gun off a dresser at Bauer’s home two days before the shooting out of fear that other children were planning to assault him, according to court documents.

Read more: http://www.kitsapsun.com/news/2014/...nst-gun-owner-in-armin-jahn-go/#ixzz37nNQsgx7
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We have a right to have our guns ready for action ... I guess, occasionally, they will be swiped. What happens after that is not on the gun owner.

If someone stole his hammer and used in a crime..then I guess he would be guilty here too, from the state's viewpoint.

And this guy could have lost his court case too ...

Another example of why governmental bodies have no business "voting" on issues related to our rights.
 

madicarus

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May 16, 2014
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WA
This was a good decision by the state Supreme Court. I'm more bothered by the prosecutor who still wants to find charges against the gun owner. They dont need to look that much farther from that Marysville cop who left his gun in the car and had his child get to it and shoot their sibling. That officer wasnt convicted and I think was reinstated earlier this year. There was also a case in Grays Harbor recently where a 5 or 6 year old kid got a hold of a gun and shot at someone. The prosecutor declined charges against the gun owner in that situation. So why is this prosecutor fishing for charges?
 

EMNofSeattle

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This was a good decision by the state Supreme Court. I'm more bothered by the prosecutor who still wants to find charges against the gun owner. They dont need to look that much farther from that Marysville cop who left his gun in the car and had his child get to it and shoot their sibling. That officer wasnt convicted and I think was reinstated earlier this year. There was also a case in Grays Harbor recently where a 5 or 6 year old kid got a hold of a gun and shot at someone. The prosecutor declined charges against the gun owner in that situation. So why is this prosecutor fishing for charges?
If you hung out at the watering holes in Kitsap county you wouldn't need to ask the question, this prosecutor literally, well maybe not, but I think he just enjoys flexing power. Not only does he jack up gun owners, but in all kinds of cases I've observed his office goes on the most dubious rationale, doesn't prioritize cases that well, goes on vendettas, the man in this case won a murder case on self defense grounds in 1994 which is why I think the DA tried to charge him....
 

FMCDH

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While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

For gods sake, at the minimum... HIDE IT!

But I say, stop being a lazy a** and carry it.

Lazy, lazy, lazy, idiot.
 

davidmcbeth

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While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

For gods sake, at the minimum... HIDE IT!

But I say, stop being a lazy a** and carry it.

Lazy, lazy, lazy, idiot.
I guess I'm a lazy idiot ... and no, I do not support laws to make someone liable for another's actions.

Every day is like this for me: https://www.youtube.com/watch?v=brDv45Fatt0
 

sudden valley gunner

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Dec 13, 2008
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Location
Whatcom County
While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

For gods sake, at the minimum... HIDE IT!

But I say, stop being a lazy a** and carry it.

Lazy, lazy, lazy, idiot.
I guess I'm a lazy idiot ... and no, I do not support laws to make someone liable for another's actions.

Every day is like this for me: https://www.youtube.com/watch?v=brDv45Fatt0
I don't think more laws is what FMCDH. Common law is already enough if someone can prove negligence to a jury, then damages should be awarded. This is what happens when you make the state the aggrieved party not the actual victims or survivors of the victim .
 

EMNofSeattle

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I don't think more laws is what FMCDH. Common law is already enough if someone can prove negligence to a jury, then damages should be awarded. This is what happens when you make the state the aggrieved party not the actual victims or survivors of the victim .
But what if the county persecutors ego is victimized?

I'll tell you, this has been the most expensive road rage incident in the history of the world.

bascially, and for some reason the media hasnt covered this aspect,

Bauer was charged by this very same prosecutor in 1995 for a self defense slaying after a road rage episode, the jury acquitted. afterward Hague (the persecutor) would go to self defense classes at KRRC to explain self defense law at the range, and complain that bauer got away with murder, the club president marcus carter then explained to Hague that the jurys decision was proper, in 1999 a prosecutor investigator from pierce county thought one of Carters rifles was a machine gun, and that legal drama which has been before the state supreme court twice is ongoing.

and then Bauer's gun is used for this school shooting, resulting in this bogus assault charge.

it's literally still 1995 in this clowns head....
 

sudden valley gunner

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Whatcom County
Good thoughts Erik,

That's why the state shouldn't have so much power invested in a prosecutor, its another reason to bring back a grand jury that isn't influenced by the state.
 

FMCDH

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I don't think more laws is what FMCDH. Common law is already enough if someone can prove negligence to a jury, then damages should be awarded. This is what happens when you make the state the aggrieved party not the actual victims or survivors of the victim .
Exactly. No new laws needed..the law was just applied incorrectly by an activist prosecutor in this situation. Im glad the State SC recognized that.

Being an idiot shouldn’t be a criminal act.

Being an idiot certainly may get you sued however.
 

FMCDH

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St. Louis, MO
Pay for any damage to public and private property.

Their car insurance will likely go WAY up. (I don't think "accident forgiveness" would even help them in this one)

It was their child, so probably not much else.

The more relevant question, what would you say should be the punishment for the 9 year old? :eek:
 

OC for ME

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Jan 6, 2010
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White Oak Plantation
Pay for any damage to public and private property. Why, the parents didn't do anything wrong.

Their car insurance will likely go WAY up. (I don't think "accident forgiveness" would even help them in this one) Yepper.

It was their child, so probably not much else. Based on the prosecutor described in this thread ya never know.

The more relevant question, what would you say should be the punishment for the 9 year old? :eek:
Grand theft auto. ;)
 

FMCDH

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St. Louis, MO
Grand theft auto. ;)
Charged with, or the playing of??
(Here kid, play this and learn to drive right) :lol:

Your right, they didn't do anything wrong, but they are responsible for the negligent actions of their minor children.

Unless the damages to public property was extensive, I imagine they will only be out their deductable.
 
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EMNofSeattle

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S. Kitsap, Washington state
His name is actually Hauge, but anyway you want to spell it, he has got to go! Bruce Danielson, one of his opponents, has been to several of our Kitsap County OCDO picnics, and he is a stand up guy. I proudly endorse Danielson for county prosecutor!
I met Bruce just last night at an NRA event dedicated to 594 last night.

I have full confidence in him.

my ballot is marked for Danielson.

Hauge finally did it, when two years ago his office prosecuted a HS classmate of mine on a BS sex related charge, the evidence against him was nonexistent, the jury acquitted very quickly.

I have no confidence in Hauge to do anything.
 
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