Sunday, August 15, 2010

No Charges in FL Teen's Death

The Miami Herald reports on the surprising decision to file no charges in the case of a fatal teen shooting.

The shooter, Kevin Wilson Earp, 23, could not be charged with manslaughter by culpable negligence because he displayed no "gross or flagrant conduct,'' according to a Miami-Dade state attorney's close-out memo issued Friday.

Shooting someone in the stomach, intentionally or not, sounds like "gross and flagrant conduct" to me. Isn't violating one or more of the 4 Rules gross and flagrant enough for the Miami-Dade state attorney?

Miami-Dade homicide detectives learned that Earp entered a bedroom and found Joshua Smith, 21, showing off his AK-47 to a group of teens, passing it around. A few minutes later, Jacob Smith, 23, did the same with his .40-caliber S&W Glock pistol -- with a trigger lock attached.

Earp left briefly, then returned to the bedroom. Samantha was reclining on the bed, joking around with Jacob, witnesses said.

Earp noticed the gun on the nightstand. Someone had taken off the trigger lock and left it on a nearby computer stand, along with the two loaded magazines and a pouch.

While attempting to reattach the trigger guard he shot and killed one of the teenagers.

What is wrong with this picture? Everybody seems concerned with Earl's intentions when the shooting happened, but what about the earlier scene? What about a home in Florida where teenagers and older kids are playing around with an AK-47 and a Glock handgun? Is that normal? Unfortunately, in Florida it is.

The owners of those guns, the parents of those kids and the owner of the home in which the incident took place should all face charges. It's absolutely ludicrous that a teenager can lose her life like this and no one be held accountable. And even worse is the fact that all involved will continue to own guns.

What's your opinion? Please leave a comment.


  1. I thought using trigger locks was responsible?

    And you prohibitionists wonder why we oppose them.

  2. "And you prohibitionists wonder why we oppose them."

    Exactly. Using a trigger lock to secure a gun makes about as much sense as using a brick on the accelerator to secure your car.

    They are quite possibly the dumbest invention of all time.

  3. "Unfortunately, in Florida it is."

    And you know this because you've met every gun owner in Florida, and observed their gun handling habits in person, right?

  4. MikeB: “What about a home in Florida where teenagers and older kids are playing around with an AK-47 and a Glock handgun?”

    You’ve been listening to the Brady’s too much when you call 23-year-olds “kids”.

    MikeB: “Is that normal? Unfortunately, in Florida it is.”

    What is that supposed to mean? Because in DC and Chicago, those “kids” are gangbangers, and they certainly aren’t “playing”?

  5. sounds to me like this wouldn't have happened without the use of a moronic "safety device" anti's like you love so much.

  6. Actually, I'm not really into the trigger lock idea. But, I didn't know the pro gun crowd considered it so bad. Why is that? I mean besides the fact that it "restricts" you gun owners, is there something particularly wrong with these devices.

  7. "I mean besides the fact that it 'restricts' you gun owners, is there something particularly wrong with these devices."

    Yes, as in this article, any time you stick something in a trigger you are asking for trouble.

  8. Trigger lock is responsible. But look at the rest of the picture,
    Rule #1 Never point a muzzle at anything you dont intend to kill.

    Attempting to put a trigger lock on a glock with a bullet in the chamber.

    Most gun owners recognize that responsible behavior goes along with owning a gun. Irrisponsible behavior does nothing to help the cause. If we dont hold idiots who dont handle guns properly accountable, it only gives more fuel to the "prohibitionist"
    You cant be arguing that the behavior would be considered responsible. I assume you take more care when you handle your fire arms.

  9. Right on, Anonymous. Hold those idiots accountable. They give you all a bad name.