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Negligent discharge shatters Lincoln newlyweds "perfect" life
Dan W:
http://www.journalstar.com/articles/2009/02/04/news/local/doc4989d0db9793a862528290.txt
Prosecutors to file charges in wife's shooting
By LORI PILGER / Lincoln Journal Star
Wednesday, Feb 04, 2009 - 06:38:42 pm CST
Joshua Beasley pointed a shotgun at his new wife, Alaina, prosecutors say.
She pointed back, holding her hand in the shape of a gun, said Lancaster County Attorney Gary Lacey.
And when he pulled the trigger, thinking it was empty, the gun fired and hit Alaina.
She died early Sunday.
“He didn’t intend to kill her,” Lacey said Wednesday, after giving details of the game that led to the 20-year-old bride’s death.
Regardless, Lacey said, Josh Beasley was committing an unlawful act, an assault, by pointing the gun at her. For that, Lacey’s office will charge him with manslaughter.
Josh Beasley is set to go to court at 2 p.m. on Friday, just 24 hours after his wife’s funeral in Omaha.
Saturday night, Lincoln police found 20-year-old Alaina Beasley on the floor of the kitchen in the couple’s apartment at 6230 N.W. Second St. She had been shot in the chest.
Police say Joshua Beasley called 911 at 9:15 p.m. Saturday, and allegedly said he was handling a shotgun when it accidentally fired.
Alaina died four hours later.
Her husband has not been arrested, and prosecutors do not anticipate he will be. But on Wednesday, police told him to appear in court on Friday.
Manslaughter is a felony. The punishment for it ranges from probation to 20 years in prison.
Unlike murder, the charge of manslaughter does not require the intent to kill. Rather, the charge is used when someone kills another without malice, either during a sudden quarrel or unintentionally while in the commission of an unlawful act.
In this case, according to Nebraska law, pointing a gun at another is a reckless act — and as such, an unlawful act, “sufficient, should the gun discharge, to support a manslaughter conviction.”
Lincoln Police Chief Tom Casady said his department has concluded that Alaina Beasley’s death was an accident. In itself, he said, that is not inconsistent with a manslaughter charge.
“There have been other cases like this before,” he said.
Casady could think of at least three since he’s been chief in which someone accidentally died at the hands of another person and that person was charged for it.
Although the incident didn’t involve a gun, Casady pointed to the case of Ricky Turco, the young man at the wheel of a car that crashed March 26, 2007, leading to the death of 15-year-old Megan Churchill.
In the Beasley case, Casady said, he understands that people feel sorry for the young husband.
“It’s a terrible tragedy for everybody involved. No doubt about it,” he said.
Lacey doesn’t use the word accident to describe Alaina Beasley’s death. He calls it unintentional, and said similar cases more often involve children playing with their parents’ guns.
When asked how he would respond to those who think Josh Beasley has paid enough already, Lacey noted that he hasn’t been convicted of anything.
“If and when we get there,” he said, “then we’ll talk about punishment.
Alaina and Joshua Beasley were married Nov. 1 and moved from the Omaha area to Lincoln for work, according to their wedding Web site.
Reach Lori Pilger at 473-7237 or lpilger@journalstar.com.
Chris Z:
This is really a tragic story. A LEO friend of mine sent me a link to the wifes blog (which has since been blocked for privacy). There were many pictures on that blog of the family out shooting, and there was several examples of unsafe gun handling in my opinion in these photos.
JimP:
Horseplay + Firearm = Tradgedy. Stupid should HURT, and in this case, it was excruciating.
iiranger:
Perfect example of what is wrong and why. "The law" rules by ignorance. If this young man had known enough "law" to forget to admit that he had most deliberately pointed the gun at his wife... technically, legally "an assault"... then the investigators would not have had the "grounds" to charge him with anything [it was an unintentional accident!!!] , but because he is "honest" and "ignorant" and "stupid" [and did not consult an attorney???] they got him now... Prosecutor has "discretion" and doesn't have to "charge" As his father in law says, he will live with this the rest of his life, but there is this war on guns/gun owners... and here is an easy victory...
I am waiting for some prosecutor to declare a couple young men in a bar fight "homos" so he can make it "domestic violence" and deprive them of their right to own firearms forever... Laughtenburger Amendment... non felons barred from owning guns and who says anything... NRA... ????
LJUnaTIC:
--- Quote --- non felons barred from owning guns and who says anything.
--- End quote ---
Have you read the Lincoln City Ordinances lately?
9.36.100 Unlawful Possession of Firearms.
(a) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of any one of the following offenses within the last ten years:
Stalking in violation of Neb. Rev. Stat. ? 28-311.03 or any other comparable or similar state statute from another state;
Violation of a protection order as set forth in Neb. Rev. Stat. ? 42-924 or Violation of a foreign
protection order as set forth in Neb. Rev. Stat. ? 42-931;
False imprisonment in the second degree in violation of Neb. Rev. Stat. ? 28-315;
Sexual assault in the third degree in violation of Neb. Rev. Stat. ? 28-320;
Impersonating a peace officer in violation of Neb. Rev. Stat. ? 28-610; or,
Impersonating police officer in violation of Lincoln Municipal Code ? 9.08.060;
Debauching a Minor in violation of Neb. Rev. Stat. ? 28-805;
Obstructing government operations in violation of Neb. Rev. Stat. ? 28-901; Resisting arrest in violation of Neb. Rev. Stat. ? 28-904;
Resisting officer in violation of Lincoln Municipal Code ? 9.08.030;
Obstructing a peace officer in violation of Neb.Rev. Stat. ? 28-906;
Interfering with an officer making an arrest in violation of Lincoln Municipal Code ? 9.08.020;
Carrying concealed weapon in violation of Neb. Rev. Stat. ? 28-1202;
Criminal child enticement in violation of Neb. Rev. Stat. ? 28-311;
Implements for escape in violation of Neb. Rev. Stat. ? 28-913;
Unlawful possession of explosives, second degree in violation of Neb. Rev. Stat. ? 28-1216;
Use of explosives without a permit in violation of Neb. Rev. Stat. ? 28-1218;
Concealing the death of another person in violation of Neb. Rev. Stat. ? 28-1302;
Minors not to be furnished with firearms, ammunition, or weapons in violation of Lincoln Municipal Code ? 9.36.020;
Discharge of firearms unlawful in violation of Lincoln Municipal Code ? 9.36.010;
Assault in the third degree in violation of Neb. Rev. Stat. ? 28-310;
Assault and battery, menacing threats in violation of Lincoln Municipal Code ?9.12.010;
Unlawful intrusion in violation of Neb. Rev. Stat. ? 28-311.08;
Violation of custody in violation of Neb. Rev. Stat. ? 28-316;
Domestic assault in violation of Neb. Rev. Stat. ? 28-323;
Criminal trespass in the first degree in violation of Neb. Rev. Stat. ? 28-520;
Contributing to the delinquency of a child in violation of Neb. Rev. Stat. ? 28-709;
Public indecency in violation of Neb. Rev. Stat. ? 28-806;
Public indecency or indecent exposure in violation of Lincoln Municipal Code ? 9.16.180;
Operating a motor vehicle or vessel to avoid arrest in violation of Neb. Rev. Stat. ? 28-905;
Fleeing in a vehicle to avoid arrest in violation of Lincoln Municipal Code ? 10.14.280;
any violation of the Uniform Controlled Substances Act as set forth in Neb. Rev. Stat. ?? 28-401 to 28-456.01;
Toxic compounds, unlawful use in violation of Lincoln Municipal Code ?9.16.110;
Criminal attempt in violation of Neb. Rev. Stat. ? 28-201 for any of the state crimes set forth in this subsection (a).
(b) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of two or more of the following offenses within the last ten years:
Driving under the influence of alcoholic liquor or drugs in violation of Neb. Rev. Stat. ? 60-6,196;
Driving under the influence of alcoholic liquor or drugs in violation of Lincoln Municipal Code ? 10.16.030;
Implied consent to submit to chemical test, refusal in violation of Neb. Rev. Stat. ? 60-6-197;
Chemical test, refusal in violation of Lincoln Municipal Code ?10.16.040;
or any conviction under a law of another state or municipality if at the time of the conviction under said law the offence for which the person was convicted would have been a violation of Neb. Rev. Stat. ?? 60-6,196 or 60-6,197.
(c) The provisions of this section shall not apply to
(1) the issuance of firearms or the possession by members of the Armed Forces of the United States, active or reserve, the National Guard of this state, or Reserve Officers Training Corps, when on duty or training; or
(2) a peace officer as defined by Neb. Rev. Stat. ? 28-109(14).
(Ord. 19060 ?1; March 24, 2008: prior Ord. 18793 ?1; August 21, 2006: Ord. 18158 ?1; April 7, 2003).
Although a seedy group of crimes, Not a felony in the bunch.... and all made equivalent to felonies with the stroke of a pen just 11 months ago
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