A Greeley man never thought that stealing a small, .22 caliber hand gun would end with his arrest in the shooting death of his sixth grade brother and a felony charge of Criminally Negligent Homicide (CRS 18-3-105). The eighteen year old man admitted that he had stolen the gun earlier that month and that it was the source of the argument between him and his brother. His younger brother was intent on showing it to his friends when the older sibling cautioned him that it was not a toy and needed to be put back. The younger brother refused and, after a struggle, the gun fired, hitting the young boy in the chest.
The younger brother was taken to the hospital where he later died. The eighteen year old was initially brought into the Weld County sheriff’s station and booked for questioning, but was later accused of criminal negligent homicide after his brother’s death.
While he had the good sense to try to keep his young brother away from the gun, this man did not use that good sense to resist the temptation steal it in the first place. He also did not use that good sense when he spoke with police. No one in Colorado needs to speak to police, period. The Miranda Law states that you have a right to an attorney; you are under no obligation to say anything to police, and anything you say will be used against you.
This young man faces years in prison for an accident that was compounded by the fact that the gun was stolen. Accidents with guns happen when people do not treat them with the respect they deserve, and police quickly get involved. The district attorney is always looking to press charges if they suspect any type of misconduct with a gun.
If you are involved in an accident with a gun, or are worried you might be charged because of an unintentional discharge of a fire arm, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.