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Gun play can result in need for criminal defense

| Mar 26, 2019 | Criminal Defense |

How often as children did people play cops and robbers, or act out John Wayne scenes from movies? Toy guns were prolific when baby boomers were children and not considered an issue in Missouri. A toy gun for Christmas was at the top of many wish lists. This is illustrated in the very popular movie “A Christmas Story,” where all Randy wants for Christmas is a BB gun. Sadly, childhood games have morphed into a different reality as so many households have guns, and accidental shootings have become an issue and their outcomes often necessitate a criminal defense.

A common safety practice is not to have guns loaded, or to keep them safely locked up. In a recent incident in Fulton, one of these precautions may not have been followed. A woman and her boyfriend were watching a movie, and her boyfriend reportedly suggested they play out one of the scenes that involved a gun. The woman allegedly fired the gun, replaying a scene, and her boyfriend was fatally injured.

It is not known to whom the gun belonged. The woman called 911 following the incident. According to police reports, the two had been drinking prior to the incident and the woman was reportedly taking prescription medications. She is charged with second-degree murder and is currently in jail.

An accidental death can be a horrific and traumatic event. Anyone charged in connection with an accidental death in Missouri is presumed innocent until and unless proven guilty in criminal court. The accused is entitled to a criminal defense. A knowledgeable attorney can review the circumstances of the case and inform the client of his or her options in light of the evidence. The burden of proof falls to the prosecution and must be supported by the evidence presented.