Joshua Beasley Sentenced

Joshua Beasley has been sentenced to three to five years in prison for the killing of his wife Alaina. Originally charged with manslaughter, in July of this year Beasley entered a nolo contendere plea to second degree assault. The plea bargain changed the possibility of a 20 year maximum sentence to a maximum sentence of five years in prison. Although the death was clearly unintentional, the gross violations of every accepted safety practice while handling a firearm tipped the scales.

Joshua Beasley had attended a firearms safety course prior to killing his wife, but the lessons taught there apparently did not stick. He either slept through the class or felt the rules did not apply to one such as he. Once home from a day of shooting skeet, he decided to perform a house clearing drill. He pointed a shotgun at his wife and pulled the trigger. Tragically, it was loaded.

Alaina Beasley's family issued a written statement after sentencing:

“We struggle every day to understand why Josh decided to pick up a loaded shotgun, safety off, without checking it, and point that weapon at the one he vowed to love and protect; but then to pull the trigger — we find those actions absolutely inexcusable. While we don't believe Alaina's death was premeditated, it was NOT an ‘accident.' Although we felt strongly that Josh be held accountable for his recklessness, working with the Lancaster County Attorney's Office we requested they reduce the original charge to the lowest possible felony charge. None of our actions have been in pursuit of revenge, but out of a desire for justice for Alaina.”

I have little doubt that Josh Beasley loved his wife, and that he grieves every day for her. I do not want to beat up on a man who made such an avoidable and catastrophic mistake, but it is my hope that everyone who comes in contact with his story will learn the basics of checking the condition of a firearm, learn and obey the Four Rules, and integrate firearms safety into their lives.

Safety Instruction

"A 26-year-old Phoenix man accidentally killed himself early Sunday morning while explaining gun safety to two Sierra Vista residents.
Samuel Benally Jr. was at an apartment on West Tacoma Street when he said people should keep their guns unloaded because someone could point it at their heads, said Sierra Vista police Sgt. Brett Mitchell.

Benally then demonstrated by putting his own .9 mm Rueger [sic], which he believed to be unloaded, to his head and firing it, Mitchell said."
Link

Gun safety can not be learned from those who know nothing about it. Unless they teach their pupils the hard way.

Rethinking Rule One

Rule One, as defined by Jeff Cooper states: "All guns are always loaded".

Cooper goes on to say:

"There are no exceptions. Do not pretend that this is true. Some people and organizations take this rule and weaken it; e.g. "Treat all guns as if they were loaded." Unfortunately, the "as if" compromises the directness of the statement by implying that they are unloaded, but we will treat them as though they are loaded. No good! Safety rules must be worded forcefully so that they are never treated lightly or reduced to partial compliance.

All guns are always loaded. Period!

This must be your mindset. If someone hands you a firearm and says, "Don't worry, it's not loaded," you do not dare believe him. You need not be impolite, but check it yourself. Remember, there are no accidents, only negligent acts. Check it. Do not let yourself fall prey to a situation where you might feel compelled to squeal, "I didn't know it was loaded!"

Three years ago, I wrote a piece about Rule One. This evening I went over to Grant Cunningham's place to read what he had written about my blog piece on Alaina and Josh Beasley. As always, Grant made precise and salient points. Intrigued, I went on to read Grant's previous post that he referenced.

The cognitive dissonance of Rule One is indeed a flaw. Occasionally it can become a fatal flaw. Many argue strongly that the rule is "All guns are always loaded," not "Treat all guns as if they are loaded." Yet the cognitive dissonance remains, and people continue to suffer negligent discharges and tragedy. The consistent response immediately afterwards is "I didn't think it was loaded."

With each negligent discharge, others truck out the four rules in a morbid fascination over which ones were violated. I have seen this time and time again. Invariably, Rule One was violated. When a safety rule that is intended to enhance safety fails to do so, the rule merits examination. When a safety rule is worded in such a way that it might set up a person for tragedy, it demands re-evaluation, no matter who penned it.

Rule One is the catch all. It's the rule that allows others to walk away with the feeling that if they just continue to believe all guns are always loaded, they will remain safe. Yet, as Grant points out, Rule One is a trap. It's a falsehood that we all know to be false, and it leads us down the path towards violating another of the Four Rules, resulting in tragedy.

Years ago, a Master Chief taught me a different set of Four Rules. Actually he didn't teach them so much as he pounded them into my skull while chomping on a stogie. He did not like Cooper's Rule One either. The Chief couldn't, and wouldn't put his finger on it, he just called Rule One ignorant. He passed on a version of his own instead.

1. Know the condition of your weapon at all times.
2. Never let the muzzle of a firearm point at anything you are not willing to destroy.
3. Keep your finger off the trigger until you are ready to shoot.
4. Be sure of your target and what lies beyond it.

There are those, no doubt, who will be alarmed that the Master Chief's Rule One is weak. It does require knowledge and thought. However, if we can say "Be sure of your target and what lies beyond it," then why can we not say "Know the condition of your weapon?"

I actually prefer the Master Chief's version of Rule One. Knowing the condition of your weapon means knowing whether you have a round chambered, a magazine in place, the safety engaged if the gun has one, the position of the hammer, and whether it is clean and fit to shoot. It also means knowing your weapon's location, and who may have possession of it. The Chief's version of Rule One is as much about readiness as it is about safety, and it transforms the Four Rules from static safety rules to dynamic rules to live by. It takes the rules from the realm of the range to the reality of self defense. In particular, Rule Four is transformed. Suddenly the target is no longer a paper silhouette, but a mugger, a murderer, or...... a police officer. A friend or a foe. Be sure of your target and what lies beyond it. Is what lies beyond it a justifiable shooting? Prison?

I do not know if the time is right for a revision of Cooper's Rule One, but if it is ever revised I think the Chief's version is the one that is most applicable. I suspect that if the Colonel and the Chief were to sit down and hash it out, the Colonel might agree.

Playing With Guns

Bradenton, Florida. — Tragedy nearly struck a group of Florida actors when authorities say a loaded gun was accidentally used during a dress rehearsal. It was the final practice run by a seniors theater group for their production of John Steinbeck’s “Of Mice and Men.” One actor picked up a pistol he had borrowed from another cast member and fired it at the head of fellow actor Fred Kellerman.

The bullet only grazed Kellerman’s ear. The 81-year-old was taken to a nearby hospital for treatment. Just two hours after the shooting, the play went on as scheduled with another actor performing Kellerman’s part. Kellerman plans to be back at rehearsal Friday for a musical the group is putting on. No charges have been filed, but the shooting is still under investigation.

From another article:

"I heard a loud bang. I knew something was wrong. But I never passed out," Kellerman said.

Kellerman said doctors would later find the bullet tore into his skull, ricocheted off bone, then came back out and tore off a piece of his ear. Doctors sewed the piece of ear back on at Manatee Memorial Hospital, Kellerman said.

"It took a chunk off my ear, but I was told it will grow together. I really feel no pain," he said. "I was really lucky."

Damned right he's lucky.

When in the hell are theater groups going to realize that they need to have a stage manager (or an assistant working with him) familiar with real firearms and firearms safety? When will theater groups realize any prop guns to be used in a play should be prop guns? When will theater groups finally begin to take these issues seriously? Failure to do so is reckless endangerment. The entire theater group and their board of directors should be held responsible for this kind of unnecessary danger.

Happy New Year

Shooting old school ordnance seemed to the the proper way to kick of a new year. I had expended my 38s and 45s, and was blissfully pecking away with the Woodsman when a bass thumping Camaro full of Glock toting reprobates arrived. I stopped a bit to watch them unload and begin to shoot. One fellow started to fire his new 22 pistol into the trees as his buddy went out to post targets. I decided it was time to leave. I guess I'm getting old.

This is why seasoned shooters do not shoot into the air.

+P in Vintage Iron

"I have a 1930 vintage Colt Detective Special that I inherited from my grandfather, and I want to know if it’s OK to use +p ammo in it. The factory won’t tell me anything."

I couldn't have said it better than Syd did.

Specifics on vintage S&W M&P revolver cylinders can be found here.

A Gun Safety Class

LIFE Magazine, March 1956. An Indiana grammar school class in gun safety for children.



A cringing class is holding its breath and ears as Officer Rod Rankin aims a 30-30 rifle at can of water in a demonstration to impress kids with the destructive power of guns. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo


In the same magazine article, Officer Rankin is shown holding his open revolver before a wide eyed class of boys as he teaches gun safety in the classroom.
ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo
There is no self absorbed DEA agent, no Glock Foeties, no negligent discharges, no danger and no apologies. Instead there is learning, understanding, appreciation, and respect. Officer Rod Rankin is simply an officer of the law doing his job to serve and protect his community.

What have we become in the past fifty-two years? The world is so different now. It did not have to change. We can take it back. Protect a person today by teaching them about guns. Hands on. Safely. Effectively. Make no apologies.

I'm off to the range.

Making Things Better

"Xavier, why are you opposed to gun locks in the gun, loaded chamber indicators and the like?"

Less is often more. Sometimes "upgraded" items are really not improved at all. Let's take the Ruger autoloading pistol as an example. The changes made to the Ruger MKII when it became the MKIII do not really enhance the firearm. They diminish it. The additional features of the MKIII add complexity, and promote apathy towards common gun handling/safety skills.

Guns are tools, and tools are useful things. Tools are the essence of form following function. A claw hammer can injure one's thumb if a person is not proficient at hammering nails. Yet nobody mounts a scope on a claw hammer. Nor do lawyers deem it necessary to add engraved warnings on hammers.

I do not understand why guns are different. Firearms safety is inherent in the shooter. Integrated locks, loaded chamber indicators and magazine safeties and especially engraved warnings will not make an ignorant person safer. Only proper education of safe gun handling skills will make him safer.

No News

A news reporter lacking muzzle discipline.

We Are The Only Ones Professino Enuff.....

On May 3, 2008, Riverdale Utah Police Chief Dave Hansen was teaching a concealed carry class. The Chief was using his Glock service weapon as a demonstration tool. The Top Cop of Riverdale ejected his magazine, and reportedly held the weapon underneath a table to field strip it. A slightly different story comes from the police chief's brother, Neil Hansen. "He pointed it down, pulled the trigger because he didn't want to give it to a classmate not knowing for sure whether a shell was in there. And at that point, the gun discharged and [the bullet] had gone through his ankle," brother Neil states. Strange how that happens.....

"We were told the gun is the chief's personal sidearm, but it looked to me like he didn't know anything about the gun," student Lewis Walker said after the incident.

Responding to the gravitational forces underneath the table, the malicious Glock fohty, apparently the most dangerous cop shootinist evil black ceramic coated plastic assault pistol on the planet magically pulled it's own trigger and damned near blew the Chief's ankle into oblivion. Due to the Chief's heroic quick response, falling to the floor and squealing "I'm hit!" he was not shot a second or third time. Quick acting students began excitedly shrieking "Officer down!" as they cursed themselves under their breath for missing out on recording the latest You Tube video sensation.

Thanks to the professionalism of paramedics in the next room, the Chief was rushed to McKay-Dee Hospital in Ogden where physicians reassembled his damaged ankle with a bit of external fixation. A couple of surgeries and rehabilitation are looming in the future for Chief Hansen.

What can be learned from the unfortunate and undeniable exposure of Chief Hansen's incompetence?

First......All guns are always loaded. Do not point the damned things at something you do not wish to destroy. In this case, do not point it at yourself. Keep your finger off the damned trigger until you either are ready to shoot, or you have confirmed the weapon is unloaded. Guns do not shoot themselves. In a classroom setting, have two competent people check each firearm brought into the classroom, and then remove all ammunition from the room. Chief Hansen undoubtedly pulled the trigger of his handgun in preparation of field stripping it. I do not want to think he was so stupid as to pull the trigger in a classroom of students to determine whether his service weapon was loaded, as his brother states.

Second....The gun is not unloaded until you yourself, have opened the chamber and personally checked the chamber for a cartridge. If you pass the gun to another individual, they should be expected to again check the chamber to confirm it is unloaded. This is not an insult or a slight on your gun handling. A person is responsible for confirming the status of the weapon they are holding themselves. If you are handed a firearm that unintentionally discharges, you have only yourself to blame if you are too stupid, too shy, or too intimidated to recheck the firearm handed to you. This is the handler's responsibility, nobody elses.

Third......A city issued star on your epaulet does not confer gun handling prowess. If you do not know how to handle a firearm, put the damned thing down until you do. Do not be such a pretentious idiot that you end up teaching a class about a subject that you obviously know nothing about. If you do not know how to properly check a firearm's status, then how in the Hell can you claim competence in teaching gun safety? You can not. Bullets and triggers are unforgiving things. They will expose your incompetence every time.

Here's wishing Chief Hansen a speedy recovery and a lesson hard learned. Regards can be sent to:
Chief Dave Hansen
4580 S. Weber River Drive
Riverdale, Utah 84405
(801) 394-6616
dhansen@riverdale.state.ut.us

CNN Report On The Holstervault

The Problem With The Holstervault

It seems You own slight apologies to the Pilot you bashed so quick few posts ago :)...
herrmannek

The problem with the Holstervault is indeed one of a faulty design. The problem with the shot that was fired through the skin of an A319 Airbus over Charlotte North Carolina is the responsibility of the man who caused the firearm to discharge.

It is not unusual to want to point fingers elsewhere when an unexpected bullet is launched. The gunfire aboard Flight 1536 from Denver to Charlotte was not the fault of TSA. It was not the fault of the holster. It was not the fault of the gun. It was not the fault of policy. All these are contributing factors, but........Whether a man has the choice of his weapon and gear, or whether that choice is mandated, he assumes the responsibility of the firearm and the potential for human destruction it contains when he straps it on.

Hat tip to Crime Guns and Videotape.

The Holstervault

It has become apparent that the shot fired over Charlotte, North Carolina, aboard US Airways Flight 1536 may have been from a faulty holster design and ignorant regulations that required pilots to put padlocks ........PADLOCKS through the holster and triggerguard of their sidearm prior to landing the damned plane!

I do not know what nincompoop came up with this idea, but it makes about as much sense to me as a screendoor on a submarine. Here's some advice TSA......If you are going to institute a new policy (guns in cockpits) concerning something you know nothing about (gun safety).......Take a look around you and see what has worked for years for other people. Do you see police officers using this holster and policy? Do you see soldiers using it? Shooting competitors? Do you see anyone using it? You do not need to reinvent the wheel guys. Just do what works for others. Your better idea.......Ain't!

Of course you might want to glue feathers all over your aircraft. After all, birds use less gas, so you can probably save a lot of money........I know! How about Llamas as stewardesses! Caterpillar tracks instead of landing gear! Now there's an idea!

Update:

"The design of the holsters that armed commercial pilots use to stow their weapons increases the likelihood of accidental discharge, the inspector general for the Department of Homeland Security has concluded.

The investigators recommended that the Transportation Security Administration discontinue the use of the locking holster and consider other ways for armed pilots known as Federal Flight Deck Officers to secure their weapons.

"We examined the holster and observed that its design renders the weapon vulnerable to accidental discharges if improperly handled," the Office of Inspector General said as part of a broader report that it submits to Congress twice a year."

More.

Responsibility Drink

Hi Xavier,
It's Sutton from the Wal-Mart thread. Sorry to leave a random comment on this post, but I didn't see an email address. Anyway, I thought you might enjoy my latest column: Little Girl Dead: Going to the Ravalli County Gun Show with Dwayne Smail on My Mind

You might disagree with some of what I say; I hope you'll comment on the article and let me know.

It would be wonderful if gun manufacturers could develop a concentrated personal responsibility drink to place into the case of each firearm they sell. It could even be sold to auto manufacturers, and manufacturers of other items that have the ability to maim or kill.

Of course, if the concentrated personal responsibility drink were inserted into each new gun's case, it would still be up to the purchaser to drink it. Those who drank it would not need it. Those who needed it would never drink it.

In the end, it's all about personal responsibility.

How Not To Hold A Revolver

It is important, when firing a revolver, to keep all parts of your hand(s) away from the front of the cylinder. Explosive ignition gases exit the cylinder gap as well as the muzzle of the firearm when the cartridge is fired. This safety issue is sometimes illustrated by instructors who place a revolver inside a paper bag with the muzzle sticking out a hole in the bottom. On firing the revolver, the bag explodes.

I recently received an email regarding a shooter who lost the tip of his thumb while firing a S&W 460XVR Magnum. He let his left thumb get in front of the cylinder. The result was not pretty. For the weak of stomach, I have only posted the bandaged photo of his hand. Click the bandaged photo to remove the dressing and examine the wound if you like. Here is his story in his own words...........

460XVR blew my thumb off today!

No joke, about 1/2 of my left thumb is gone ... what's left is a friggin mess.

It's pretty hard to type, and I'm only posting because you never know, it might save somebody else a thumb. I was using a 2-handed grip, fired off a Cor-Bon DPX .460 and the blast came violently out the side of the gun.

At first my thumb was so covered in blood that I couldn't see how bad it was ... and I was full of adrenaline and felt no pain. And honestly it looked really bad, my whole hand was covered in blood and it was kinda gushing.

The blown-off thumb was on my support hand. I'll re-create the grip tomorrow to see where my thumb was, but it's not like I didn't already know not to get any body part near the cylinder gap. And even if I totally screwed up and did, taking my thumb clean off seems a bit excessive?

Just be careful with those 460's. That case operates at such high pressure, it's just asking for trouble.

BTW, I bought my 460 new and had exactly 12 rounds through it. Info about the gun, it's a full-size 460 with the 8 3/4' barrel and factory installed compensator. It's one of the Whitetails Unlimited models.

Ammo was 200gr Cor-Bon DPX.

The gun only had 12 or 13 rounds of the Cor-Bon through it, and 10 .45 Long Colt rounds through it. So it was essentially still brand new.

Saw a hand specialist while there today. Lots of ways to try and save what's left, but first I just have to hope it doesn't get infected in the next few days ... then surgery early next week.

The hand specialist I spent a few hours with last night said that in gunshot wounds there is always a lot more damage than is first visible ...same with things like fireworks going off in your hand. A lot more flesh around the wound is dead, and will rot and fall off over the next couple days. That's why it's so important to keep clean, and that's also why they can't do surgery now. If they wrapped new skin over dead skin it would just puss out, possibly turn gang-green [sic], and they'd have to start all over again.

Having dealt with traumatic gunshot wounds before, I wish him luck.

Ricochet Lies

Wadesville, Ind. (AP) -- A woman who was fatally shot Thursday while trying to coax her dog from a neighbor's yard was hit by a bullet that ricocheted off the ground and under a plastic fence before striking her shoulder. The bullet from a .357 magnum pierced both the lungs and heart of Nicole Stroud, 29, Vanderburgh County Coroner Don Erk said. The Evansville woman was leaning down, trying to get her Shih Tzu dog out of a neighbor's yard and through a hole in the bottom of a fence when she was shot.

The neighbor accused of firing the gun, Melinda Lindauer, 41, was arrested on preliminary charges of involuntary manslaughter and reckless homicide. She was still being held in Posey County Jail on Saturday. Posey County Prosecutor Jodi Uebelhack said she believes Lindauer fired from a back window of her house at a dog that was loose from a neighboring house, where Stroud was visiting her grandmother. The Lindauers live directly behind Stroud's grandmother. Wadesville is about 15 miles northwest of Evansville.

The prosecutor said Lindauer might not have seen Stroud and probably didn't intend to kill her, but criminal charges still were warranted. Indiana law states that a person can only fire a gun at a dog if it is threatening an individual or livestock. "After we got all the statements, it was pretty clear this was a criminal act," Uebelhack said. "It's never an accident to pick up a gun and shoot it."

Uebelhack said a statement given to police by Lindauer's husband, Lonnie, indicated that there was an ongoing dispute between the neighbors over the dog. She said he told authorities the dog had previously dug up a cat that was buried in the Lindauer's backyard. Melinda Lindauer's attorney, Nick Hermann, said he could not comment on the specifics of the case. But he said that the Lindauers are distraught over what happened. "Their thoughts and prayers go out to the family of the lady who died in this incident," he said.

Bullshit. The bullet did not just hit Nicole Stroud's shoulder. It drilled into her torso, searing it's way through one lung, her heart, and then the other lung. It extinguished her life as surely as it destroyed the lives of those around her.

I have a hard time visualizing a 357 magnum bullet that could change direction underneath the fence so radically as to strike someone in the shoulder, laterally penetrating both lungs and the heart as it went through the chest. in the news stories.

357 magnum bullets do not ricochet off dirt, fly underneath fences, radically change direction to strike a person's shoulder and then penetrate through every vital organ in the chest cavity. Especially a person standing on the opposite side of the fence, as close as Nicole Stroud appears to have been standing. Bullets do skip and ricochet. They do change course or expend energy after impact. A .357 magnum bullet has a lot of energy to expend. The course this slug would have apparently been forced to travel to avoid the fence, strike the shoulder of a person standing 5-10 feet away, then change course again to laterally penetrate one lung, the heart, then the opposite lung, makes one wonder who the hell was investigating this shooting in Wadesville, Indiana. The Warren Commission? Bullets do not do magic tricks! There has been no official statement concerning whether or not a hole was present in the fence, but that is immaterial. Ricochet bullets you fired recklessly are as poor an excuse as not seeing the innocent bystander behind a plastic fence you shoot through. They do not diminish your culpability.

People who have just unwittingly shot someone, through ignorance, recklessness or carelessness, claim strange things. It is not uncommon for such a person to try to diminish their responsibility and liability, both emotionally and legally. Shooting a human being is an irreversible act. You can not get those bullets back. They are yours, and the damage they do belongs to you as well. The sudden realization that you have a person drowning in their own sanguine stew because of you actions often causes people to squeal "It just went off!" "I didn't know it was loaded!" "I didn't see him!" or "It must have ricocheted!" These self serving squeaks in the face of unrelenting reality do not mean that law enforcement or anyone else has to believe the excuses uttered by a person who just took a life.

I don't like little decorative dogs. It's OK if other folks want walking, yapping fashion statements in a furry bag, but they ain't my style. I like them even less when they crap on my yard. That doesn't mean I have a right to shoot the vile critter. A Shit-Sue dog isn't going to rip my trachea out and take my head off like the evil rabbit guarding the cave of Caerbannog. The animal was not a threat unless you believe Shih Tzu poop to be as lethal as land mines. A dog scratching under my fence simply means I need to block the damned hole with a cinder block or something. Just because dogs crawl under fences doesn't mean bullets do too.

Rule Four: Be sure of your target and what is behind it.

When deputies arrived at the scene, they found Nicole Stroud in her grandmother's backyard, surrounded by onlookers as volunteer firefighters performed CPR. Blood gushed from her mouth and torso with every chest compression. Posey County deputies detained and questioned the suspected shooter and her husband, Lonnie Lindauer. Nicole Stroud was air lifted to Deaconess Hospital in Evansville, Indiana. Deputies said they found a .357 magnum handgun on the bed in the Lindauer's bedroom. Nicole Stroud was pronounced dead on arrival at the hospital. Deputies arrested Melinda Lindauer on charges of involuntary manslaughter and reckless homicide. Neighbors who didn't want to talk to media, say Melinda Lindauer had fired her handgun in the neighborhood several times in the past. She is being held in the Posey County Jail Friday. Bond is set at $100,000. No court date had been set. Yet. Nicole Stroud is survived by her husband, her grandmother, and her eleven month old daughter.

You are responsible for every bullet that leaves the muzzle of your firearm. Ethically. Morally. Legally. Every bullet has a lawyer attached to it. Melinda Lindauer is responsible for her actions, her decisions, and her bullets. They are hers. She owns them. She pointed that gun. She pulled that trigger. It's a shame she was not mature and intelligent enough to manage that responsibility better. If she had, Nicole Stroud would still be alive.

Dog Killing

A Teton County, Idaho family is outraged after they say a sheriff's deputy tried to murder their dog in their own front yard. The Barboza family has owned their dog Bobby for five years. A few days ago they say a Teton County Idaho Sheriff's Deputy knocked on their door demanding to see the dog. Leonel Barboza, Dog Owner: "He says, 'I'm here to put him down. I'm here to kill him.'" The officer told Leo Barboza there had been a complaint Bobby had bitten someone.

Barboza: "I said, 'Do you have any proof or anything?' He says, 'I don't need any proof.'" So Leo got the dog while the deputy pulled out a rifle from his car. They walked a few feet from the Barboza's home where Leo's wife and his three year old son were inside. Leo and the officer tied the dog to a pole when the deputy fired three shots. The dog then collapsed. Leo's son heard the gunshots and opened the front door. Meanwhile...

Barboza: "A bunch of kids just got off the bus and they were all on the street. All the kids were watching the officer shooting the dog. My heart was broken seeing an officer killing my dog." The deputy then got in his vehicle and drove away leaving the dog bleeding profusely from his head almost dead.

Barboza: "I came back inside with my wife and hid. We were hugging each other crying about our dog because we were gonna miss him. He's been with us for five years." That night Leo's father-in-law, who witnessed the whole thing, had a nervous breakdown and had to be hospitalized. When the family returned home from the hospital a few days later, they were shocked to see their dog alive.

Barboza: "My wife called me up and she's like, 'Hey, the dog's alive!' I was like, 'What are you serious?' I was happy my dog was alive." The Teton County Idaho Sheriff wouldn't say much about this case except that it's still under investigation. He also said there's been numerous complaints about the Barboza's dog. But when I checked court records, I could only find one complaint filed last year and that was dismissed.

Nate Eaton, Channel 3 Eyewitness News: "Did your dog ever bite anybody?"

Barboza: "Not to my knowledge. No."

Eaton: "And this was the first time you'd ever heard of any complaint?"

Barboza: "Yes, this is the first time. I still think about it. You know my kid thinks all the cops are bad because an officer came and shot his dog. Honestly when I think about it I get mad too and I don't trust that officer any more."

The Barboza's took Bobby to the vet. He's now on medication to get the wounds taken care of. The holes in his head will be sewn up after Thanksgiving. The family has hired attorney Josh Garner. I spoke with him this evening and he says, "If the facts are as they appear, the deputies behavior is disgusting, troublesome, and appalling. The officer needs to be held responsible." Several sources say the officer is still on duty and still working in the county.



To support the Barboza family legally or financially, email their attorney Josh Garner at garnerlawoffice@gmail.com.

By Nate Eaton, Kidk.com

But wait, it gets worse.........

Local residents are also talking about the story. Justin Frandsen says he was in the sheriff's office the night before the dog was shot and he heard deputies talking about the animal.

Justin Frandsen: "They were joking and laughing about what weapons they wanted to shoot him with and how they were gonna shoot him. At the end of the conversation, they were almost feuding over who got to shoot the dog." Shocked by what he heard, Frandsen says he spoke up to the deputies.

Frandsen: "You guys must feel like you're real big cops, real tough guys, to have to go out and basically assassinate somebody's house pet."

excerpt: By Channel 3 Eyewitness News Team

"This is unacceptable to treat an animal in this way, regardless of what the animal has done." Dr. Joseph Rosenthal, Idaho Humane Society stated. "This is an act of cruelty and to find out that later the dog was discovered to still be alive and suffering it’s just an example."

Not only is that an unacceptable way to treat an animal, it's a abhorrent way to treat a citizen. Deputy Joseph Guitierez compelled Leonel Barboza to take part in and witness the staking out and attempted execution of his dog. There was no reason for that. Even if the dog were dangerous, even if it had a documented history of biting people, the proper way to handle the situation would have been to capture the animal, then contain and quarantine the animal until rabies observation could be completed. Shooting a staked out animal is nothing short of cowardice. Shooting a staked out animal suspected of biting a human is nothing short of ignorant.

Further, on watching the videotape of the Kidk.com story, it is apalling to consider that an officer of the law, who was unable to effectively hit a target 15 feet away, was shooting a damned rifle in mobile home park. I have no idea what caliber of rifle was used, but a .22LR bullet will rip through both sides of most mobile homes unless it strikes something in between. Something like a person's head. To think this idiot official representative of Teton County Idaho may have been firing a .223, a .308, or even a 30.06 strikes me as not only completely reckless, but dangerous as hell in regards to the safety of the people who lived there. If the Teton County Sheriff's Office sent him, they are responsible for jeopardizing every person in that trailer park. Deputy Joseph Guitierez was on official business as a Teton County official, and those wounds on that dog may have been debrided as the result of veterinary attention, but they do not look like .22LR wound to me, and I am not unfamiliar with gunshot wounds. I seem to recall another law enforcement officer shooting at non-threatening animals and causing the death of a human being.

Deputy Joseph Guitierez has been suspended. The Tri-County Sheriff's Organization is now investigating the shooting. That is not enough. This entire sheriff's office needs to be scrutinized for their policies not only of animal control, but of protecting the public through more intelligent and informed leadership and instruction of their deputies.

Irene Brown, the Animal Services Manager for the Idaho Falls Police Department states, "We would only use a weapon against a dog if the dog came at us viciously." She goes on to speak about the need to quarantine an animal that has bitten a person for rabies observation. Sound familiar? Of course, Leonel Barboza may not live in Idaho falls, and as a result this case may not fall under their jurisdiction, but it certainly appears the resources are available close by for Teton County Sheriff Kim Cooke to take a look at.

Let Sheriff Kim Cooke know what you think.
Sheriff Kim Cooke
89 N Main St
Driggs, Idaho 83422
(208)354-2323
208-354-2463
kcooke@co.teton.id.us

Passing Guns

Question: When a salesman checks the chamber of a gun before he closes it and hands it to you, should you check it again? Wouldn't that be rude?

I always check a closed weapon that is handed to me. I always hand it back with an open chamber and a stern look in the other man's eye.

Proper etiquette would require the salesman to hand you a pistol with the slide locked back, chamber open, for inspection. A revolver would be handed to you with the cylinder swung open for inspection. A rifle would have the bolt locked back. Since he handed you a closed chamber, it was he who violated proper etiquette, not you. Thus your checking the closed chamber handed to you should not raise protest. Make sure you hand the weapon back with the chamber open.

Among experienced gun handlers and salesmen, this is how they instantly know if they are dealing with another experienced handler or a novice. Checking that closed chamber sends a subtle message that you know what you are doing. Handing it back chamber open tells the other person you damned sure know what you are doing.

This etiquette comes from the military. An inspecting officer is always handed a rifle or sidearm with an open chamber that has been checked by the bearer in the officer's presence. This occurs with formal inspections and changing of guards. It is courtesy. Note too, that when the officer hands the weapon back, the chamber is open, whether he has manipulated the action or not.The bearer then again checks the chamber before placing the weapon at rest.

Keep your booger hook off the bang switch too.

Teach Children Firearms Safety

Bruce Montague

Rule Four

Noble Oklahoma: The first shot was so loud it made the hair stand straight up on Jack Tracy's arm. The bullet hit the water just a few feet in front of the boat dock where he was standing. Instinctively, he pulled his 5-year-old grandson, Austin Haley, close to his left side and began yelling that there were people down by the pond. Then came the second shot, and the unforgettable thump of a 9 mm bullet penetrating a young boy's skull.

"It went right through the back of his head and came out the front,” Tracy said. "He was just bleeding severely and I knew, right then, he was most likely dead, right there.” Tracy thought he and his grandson were under attack by someone trying to kill them both, so he threw the boy into the back of a 4-wheeler and drove to his daughter's house about 200 yards away.

"Then two officers came out of the brush over there,” he said. "They didn't tell us they were the ones who had been shooting or that they had shot him. They didn't admit a doggone thing.” Much later, Tracy said, he found out one of the officers had fired two shots in the Crest Lane neighborhood, trying to kill a snake that had become lodged in a birdhouse on the back porch of a house just up the hill from Tracy's pond.

Police had gotten a call of a snake complaint from a woman on Crest Lane, whose 16-year-old daughter saw the snake hanging about 3 feet of its body outside a neighbor's bird house. The woman, who would not identify herself, told The Oklahoman she called the police station to see if animal control could respond and take care of the snake, which she believed to be a diamondback rattlesnake. She was told that the city, which lost its only animal control officer recently, would send a police officer over to help.

"This was just a freak and tragic accident,” the woman said, "and I just feel really bad for everyone involved.” Other neighbors weren't as sympathetic.

Crest Lane resident Kara Johnson said there was no excuse for shooting a gun at a snake in a residential area. "It's a shame that someone had to lose their 5-year-old child over a snake,” Johnson said. "And that's their only child. They'll never get their kid back.”

Neighbor G.W. Henderson said his wife heard a woman screaming within minutes of the shots. "She was shouting ‘You shot my boy! You shot my boy!'” Henderson said.

City Manager Bob Wade said rumors of overeager Noble officers are inaccurate.
"I was told that they tried several ways to get the snake down, but it was still hissing at them and firmly lodged,” Wade said. "What I was told is that the owner of the home either suggested or agreed that they should go ahead and shoot the snake, and then everything happened from there.” Wade refused to identify the officer suspected of firing the shots but said the officer has been placed on paid administrative leave pending the outcome of the investigation.

Oklahoma State Bureau of Investigation agents were told that officers decided to shoot the animal after being told there was a field behind them, said Jessica Brown, bureau spokeswoman. "The first shot grazed the snake, and the second killed it,” Brown said.

Wade said he is 90 percent sure that the same bullet that killed the snake also killed Austin, but due to the trajectory of the shot and the fact that Austin and his grandfather were downhill, investigators have to be 100 percent certain. "This is so bizarre it has to be fully investigated. ... We're pretty sure circumstantially that it is the bullet from the police officer's gun, but it might be a bullet from someone else,” Wade said.

Tracy has little doubt about what happened. "I was standing right beside him when they shot him in the head,” he said. "There just wasn't anything I could do for this baby. He was dead. And he was just the finest Christian boy. His mother just bought him a Bible not a week before this — he wanted one that was camouflage because he was in the Lord's army.'”

Tracy said that when he saw the news reports and heard the police chief saying it was an "unfortunate accident,” the remark seemed too trivial and dismissive. "I'm not saying the cop shot him on purpose,” Tracy said. "It was an accident. But let me tell you — if I had a kid and put him in this car and didn't put him in a car seat and he got killed on the way to town, they'd charge me with murder ... and what this cop did is a lot worse than that. ... There was no reason for him to kill my grandson.”

By Johnny Johnson
Staff Writer NewsOK.com

Rule Four God Dammit! Rule Four! This is not a damned accident! This is negligence, pure and simple. There is no rational reason for this tragedy. None. These officers should be prosecuted. The shooter for negligent homicide. His partner as an accessory.

And to think that these are likely the same nimrods who run around saying that firearms are too dangerous to be in the hands of civilians. Yep, they probably believe they are the only ones professino enuff.

Be certain of your target and what lies beyond it. Rule Four.

A comment from Austin Haley's mother:

My name is Renee Haley....the proud mother of Austin Haley who was shot and killed by a Noble Police Officer. I want to mention two very important things that have been somewhat forgotten in the blogs. First, the THREE police officers who reported to the house of the snake, decided to literally pick up their feet, step over a hoe, rake, and hedge clippers placed directly inside the gate before the police officers arrived to shoot the snake. The second fact is this was not a poisonous snake, but a rat snake that is very similar to a king snake. It was five feet long, but it could not get out of the small opening in the bird house because it had eaten bird eggs or birds. It was stuck and harmless! I do forgive the police officer who shot my precious son, but I do believe there have to be consequences of his behavior. Please keep us in your prayers...God bless all of you.

Renee

More.

Video statements from the Haley family.

Jeff Cooper on shooting snakes.

And the news story.........