Wednesday, July 9, 2014

Colorado Man Not Charged in Accidental Shooting Death of Girlfriend

Prosecutors have decided not to file charges against a man in the shooting death of his girlfriend in Glenwood Springs.
James "McCabe" Mallin

Local news reports

Prosecutors have decided not to file charges against a man in the shooting death of his girlfriend in Glenwood Springs.

The Post Independent reports, the District Attorney's Office has determined that James "McCabe" Mallin's actions were reasonable despite the consequences.

The DA's office says Audrey Lowndes was intoxicated and "exhibiting unstable behavior" when she grabbed and loaded Mallin's gun on April 15.

The rifle discharged when Mallin tried to get it away from Lowndes, who was shot in the head.

Mallin, who called 911 and attempted to administer first aid, told the Post Independent he was relieved with the DA's decision and "all along I knew that I'd done nothing wrong."


  1. Mallin was also in jail for a week until the investigation determined that he wouldn't be charged. He was even immediately arrested when the police arrived. Something you often insist on.

    "The victim was extremely intoxicated and exhibiting unstable behavior in the early morning of April 15, when she got Mallin’s rifle, went into a bedroom alone and loaded the gun, the press release says. The couple lived in a South Glenwood home.
    Mallin “went into the bedroom to check on Ms. Lowndes’ well-being and found her sitting with the rifle in her hands,” the release says. “She made statements that made Mr. Mallin believe that either he or she could be harmed, and he decided to get the rifle from her.
    “She did not give up the rifle easily, and in the ensuing seconds when Mr. Mallin did get the gun from her, it discharged striking her in the head.”
    Mallin immediately yelled for his roommate to call 911 and offered her aid. No one else was in the bedroom or saw the incident, the release says. Lowndes died hours later at St. Mary’s Hospital in Grand Junction.
    “The actions of Mr. Mallin in getting the gun from Ms. Lowndes were reasonable based upon the facts, circumstances and threats made by Ms. Lowndes,” the DA’s statement says. “Mr. Mallin’s decision to retrieve the gun from Ms. Lowndes was made to prevent harm to anyone and was made in the course of a few seconds.
    “The discharge of the weapon was a terrible accident, and Mr. Mallin demonstrated grave remorse.”
    Mallin owned the rifle and had stored it legally."

    The victim's family also seems to feel there was no wrongdoing,

    "An online obituary from Lowndes’ brother, Tasker, echoes that sentiment. “We could not believe McCabe to be capable of such a crime, and we still hold firmly to that belief,” it reads, calling the incident “a very tragic accident.”

    1. So why the heck don't you wake up and join us gun-haters?


      Guns are for killing people. The ordinary expectation for most normal social situations is that nobody will be killed.

      You're out of your mind to think that it's okay to carry weapons.

      Wake up.

      Why the hell would you care about defending the supposed right to bear arms when so many people are being killed? I just travelled the entire State of California. (I know, God's Country and all of that.) Nobody I met was carrying a gun. You're blowing it. Guns are for killing people. You teach your children to shoot guns.

    2. FJ is right. At the very least, this story illustrates the fact that guns in the home do more harm than good.

      But what intrigues me about the DA's statement is that the gun was stored properly. Yet the unbalanced and dangerous girlfriend was able to get it?

  2. Who knows what went on between two people with no one else there.