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Towlie

(5,324 posts)
Thu Jul 7, 2022, 03:54 PM Jul 2022

Who should be blamed, the unnamed owner who left it loaded in the open, or the woman who fired it?

https://www.sun-sentinel.com/news/crime/fl-ne-warrant-unintentional-shooting-20220707-g3g4fej66bffrkad46erc2ghuy-story.html

https://www.cbsnews.com/miami/news/francy-marcos-manslaughter-shot-killed-juvenile/

https://wsvn.com/news/local/broward/relative-arrested-in-connection-to-death-of-pembroke-pines-teen/

https://www.nbcmiami.com/news/local/pembroke-pines-woman-who-shot-teen-was-waving-gun-didnt-think-it-was-loaded-warrant/2799744/

As they were getting ready [to leave], [Francy] Marcos grabbed the handgun that was in a holster near the front door and pointed it at one of the people in the home, who told her not to play with the gun, the warrant said.

Marcos then removed the gun from the holster and removed the magazine from the gun before she pointed it at the person again, then pointed it at the family dog while laughing, the warrant said.

...

He [an unnamed person] closed the front door and started walking to the car when he heard a gunshot and ran back inside the home and saw [15-year-old Achilles] Lopez holding his chest and bleeding profusely while Marcos was "in a frantic state," the warrant said.

...

Pembroke Pines Fire Rescue responded and brought the teen to Memorial Regional Hospital where he died from the gunshot wound to the chest.


The way I'm reading this, Francy Marcos assumed that removing the magazine would unload the gun, but it presumably had a round chambered. It sounds like she didn't understand guns very well, yet she was the one arrested and charged with the homicide. Do you think she should get most of the blame or do you think the gun's owner, whomever it is, should be the one held primarily responsible?

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Who should be blamed, the unnamed owner who left it loaded in the open, or the woman who fired it? (Original Post) Towlie Jul 2022 OP
Who aimed and fired the gun? Her guest was right, do not ever play w guns. emulatorloo Jul 2022 #1
DON'T EVER POINT A GUN AT ANYTHING UNLESS YOU INTEND TO SHOOT IT. sdfernando Jul 2022 #2
She should get full punishment and be locked up for a long time. jimfields33 Jul 2022 #3
Both the trigger-puller and the gun-leaver should face charges. Stinky The Clown Jul 2022 #4
Morally? Both of them. BlueCheeseAgain Jul 2022 #5
She is responsible. If she didn't "understand" guns, she (1) should not have touched it, (2) LoisB Jul 2022 #6
She fired the gun so primary culpability is hers. The owner of the firearms should be charged Caliman73 Jul 2022 #7
99.999999% on the idiot waving a gun around? Brainfodder Jul 2022 #8
There should be a law gratuitous Jul 2022 #9
Both. Homicide for the shooter and criminal negligence for the owner Kaleva Jul 2022 #10
A twenty-four year old sarisataka Jul 2022 #11
She took the gun from a holster and waved it around recklessly. She is responsible. Horrible events. fishwax Jul 2022 #12
The Only Good Part About This Story SoCalDavidS Jul 2022 #13
She pulled the trigger DetroitLegalBeagle Jul 2022 #14
Floriduh woman. Sneederbunk Jul 2022 #15
She is 100% responsible. Jirel Jul 2022 #16
If an adult can get an unsecured gun, so can a kid. Kaleva Jul 2022 #18
I almost went out that way when I was a teenager. Midnight Writer Jul 2022 #17
That round in the chamber has killed many innocents. Kaleva Jul 2022 #19
similar stupid shit happened in milw + killed a 15 ys girl named tomorrow. who need basic gun pansypoo53219 Jul 2022 #20

sdfernando

(4,935 posts)
2. DON'T EVER POINT A GUN AT ANYTHING UNLESS YOU INTEND TO SHOOT IT.
Thu Jul 7, 2022, 04:02 PM
Jul 2022

I don't own guns, I've never fired a gun...but I do know what I posted above.

Francy just ruined her life. The person that left the loaded gun there does bear some responsibility too.

Stinky The Clown

(67,808 posts)
4. Both the trigger-puller and the gun-leaver should face charges.
Thu Jul 7, 2022, 04:05 PM
Jul 2022

So should whoever is letting us keep and bear arms.

BlueCheeseAgain

(1,654 posts)
5. Morally? Both of them.
Thu Jul 7, 2022, 04:07 PM
Jul 2022

But more the person who picked up the gun, knowingly pointed it at someone, and then fired. I can't even why you would do something like that, even if you thought it was unloaded.

LoisB

(7,206 posts)
6. She is responsible. If she didn't "understand" guns, she (1) should not have touched it, (2)
Thu Jul 7, 2022, 04:07 PM
Jul 2022

certainly should not have aimed it at anyone, and (3) should not have pulled the trigger. According to the story, she is 24 years old. Had she been 4, it would have been the fault of the owner for leaving it where a child could get it.

Caliman73

(11,738 posts)
7. She fired the gun so primary culpability is hers. The owner of the firearms should be charged
Thu Jul 7, 2022, 04:12 PM
Jul 2022

for negligence.

She should face whatever penalty is appropriate for negligent homicide. Neither should ever be able to own or possess firearms again.

You do not leave your gun laying around where someone can gain access to it.

gratuitous

(82,849 posts)
9. There should be a law
Thu Jul 7, 2022, 04:30 PM
Jul 2022

The owner of any firearm is fully liable for its misuse by anyone else. The only exception is for a firearm that has been securely stored and is reported stolen within 24 hours of the theft (yes, that means you have to check up on your weapons - each and every one of them - every day). Leave your piece laying around, and you're liable both civilly and criminally for its misuse by anyone who picks it up.

Kaleva

(36,312 posts)
10. Both. Homicide for the shooter and criminal negligence for the owner
Thu Jul 7, 2022, 04:34 PM
Jul 2022

On a side note, it's my personal opinion that one should not have a round in the chamber if one has a semiauto . An empty chamber would greatly help reduce negligent discharges

sarisataka

(18,663 posts)
11. A twenty-four year old
Thu Jul 7, 2022, 04:35 PM
Jul 2022

Who was told twice not to play with a dangerous object is fully responsible for their actions and consequences.

This is true regardless of what they are playing with.

The owner of the gun is responsible for leaving a gun where minors could access it.

fishwax

(29,149 posts)
12. She took the gun from a holster and waved it around recklessly. She is responsible. Horrible events.
Thu Jul 7, 2022, 04:45 PM
Jul 2022

DetroitLegalBeagle

(1,924 posts)
14. She pulled the trigger
Thu Jul 7, 2022, 04:50 PM
Jul 2022

It's on her. She is 24 and fully responsible for her own actions which includes not playing with a gun.

Jirel

(2,018 posts)
16. She is 100% responsible.
Thu Jul 7, 2022, 06:08 PM
Jul 2022

I really DGAF about how people hate guns and want to find the person who left it there culpable. No adult gets to be an adult without the message that guns are not a toy, and you don’t dick around pointing them at anyone or anything you don’t intend to shoot. A baseball bat in the corner is not an excuse to pick it up and swing at someone. A knife block in the kitchen is not an excuse to grab a knife and start “play-stabbing” at whoever is nearby. A chainsaw in the garage on Halloween is not an excuse to start it up and go chasing trick-or-treaters for funsies.

None of those people with those tools in the open would be blamed for the acts of an idiot who hurt someone with them. A gun is no different. Basic adult responsibility applies, despite the love of trolling about guns.

Kaleva

(36,312 posts)
18. If an adult can get an unsecured gun, so can a kid.
Thu Jul 7, 2022, 07:44 PM
Jul 2022

The gun owner is responsible for ensuring that basic gun safety rules regarding the handling of his or her gun(s) are followed at all times. Even when the gun is not in his immediate possession. There are no exceptions and one doesn't assume anything.

The four basic rules:

Treat all guns as if they are always loaded.

Never let the muzzle point at anything that you are not willing to destroy.

Keep your finger off the trigger until your sights are on target and you have made the decision to shoot.

Be sure of your target and what is behind it.

The only way a gunowner can ensure the above are followed when he is not in control of the gun is to properly secure it. Easy to do and it doesn't take long before it becomes second nature.

I've come to the conclusion years ago that many gun owners have little to no training or the training they got was subpar. One either takes owning a gun as a very serious matter or they don't.

Midnight Writer

(21,768 posts)
17. I almost went out that way when I was a teenager.
Thu Jul 7, 2022, 06:16 PM
Jul 2022

Friend popped the magazine out of his pistol and pointed it at my head.

I told him to cut the crap, he laughed, said "It's not even loaded. Look.", pulled the trigger, and blew a hole in the window I was standing in front of.

Kaleva

(36,312 posts)
19. That round in the chamber has killed many innocents.
Thu Jul 7, 2022, 07:53 PM
Jul 2022

Years ago when I was thinking about getting a handgun, I decided back then that if I were to get a pistol, I would not carry or have secured in a safe box with a round in the chamber. I'd do what is referred to as an Israeli carry

"Israeli Carry pre-dates Israel. Empty-chamber carry was adopted and popularized by legendary close-quarters-combat self-defense instructor W. E. Fairbairn. Firearms instructor Fairbairn considered the relative frequency of administrative [gun] handling vs. gunfighting and declared chamberless carry to be the best method, with the highest gun safety, for people with limited training.

Fairbairn institutionalized the method for the Shanghai police in the early 1910s. His 1942 book Shooting to Live With the One-Hand Gun spread the gospel of empty-chamber carry.

For most of the 20th century, “Israeli carry” chamber empty was the standard for military, police and civilians. The state of Israel was created on May 14, 1948. Its fighters/civilians carried their handguns in the “traditional” manner, without one in the chamber."

https://www.thetruthaboutguns.com/truth-israeli-carry/

pansypoo53219

(20,981 posts)
20. similar stupid shit happened in milw + killed a 15 ys girl named tomorrow. who need basic gun
Thu Jul 7, 2022, 07:57 PM
Jul 2022

training......

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