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Thread: State Supreme Court dismisses Bauer assault charge

  1. #1
    Regular Member EMNofSeattle's Avatar
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    State Supreme Court dismisses Bauer assault charge

    http://www.kitsapsun.com/news/2014/j...#axzz37m4swjfI

    Run down, kid steals gun from man, takes gun to school, gun somehow discharges, 9 year girl critically injured, prosecutor charges guns owner with assault.

    State court of appeals rules Prosecutor can pursue charge, state Supreme Court just today reversed the appeals court.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Regular Member Alpine's Avatar
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    Imagine that, negligence is not assault. I can't believe this had to go all the way through the courts. The appeals court decision should scare the hell out of everyone.

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    The boy told investigators he had taken the gun off a dresser at Bauer’s home two days before the shooting out of fear that other children were planning to assault him, according to court documents.

    Read more: http://www.kitsapsun.com/news/2014/j...#ixzz37nNQsgx7
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    We have a right to have our guns ready for action ... I guess, occasionally, they will be swiped. What happens after that is not on the gun owner.

    If someone stole his hammer and used in a crime..then I guess he would be guilty here too, from the state's viewpoint.

    And this guy could have lost his court case too ...

    Another example of why governmental bodies have no business "voting" on issues related to our rights.

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    This was a good decision by the state Supreme Court. I'm more bothered by the prosecutor who still wants to find charges against the gun owner. They dont need to look that much farther from that Marysville cop who left his gun in the car and had his child get to it and shoot their sibling. That officer wasnt convicted and I think was reinstated earlier this year. There was also a case in Grays Harbor recently where a 5 or 6 year old kid got a hold of a gun and shot at someone. The prosecutor declined charges against the gun owner in that situation. So why is this prosecutor fishing for charges?

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    Did this prosecutor run on a, "tough on crime" platform? he just doesn't seem to know what a crime is!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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  6. #6
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by madicarus View Post
    This was a good decision by the state Supreme Court. I'm more bothered by the prosecutor who still wants to find charges against the gun owner. They dont need to look that much farther from that Marysville cop who left his gun in the car and had his child get to it and shoot their sibling. That officer wasnt convicted and I think was reinstated earlier this year. There was also a case in Grays Harbor recently where a 5 or 6 year old kid got a hold of a gun and shot at someone. The prosecutor declined charges against the gun owner in that situation. So why is this prosecutor fishing for charges?
    If you hung out at the watering holes in Kitsap county you wouldn't need to ask the question, this prosecutor literally, well maybe not, but I think he just enjoys flexing power. Not only does he jack up gun owners, but in all kinds of cases I've observed his office goes on the most dubious rationale, doesn't prioritize cases that well, goes on vendettas, the man in this case won a murder case on self defense grounds in 1994 which is why I think the DA tried to charge him....
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Regular Member sudden valley gunner's Avatar
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    Those with agendas will keep trying these cases.

    It's how they make law without going through the proper channels.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member FMCDH's Avatar
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    While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

    If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

    For gods sake, at the minimum... HIDE IT!

    But I say, stop being a lazy a** and carry it.

    Lazy, lazy, lazy, idiot.

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    Quote Originally Posted by FMCDH View Post
    While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

    If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

    For gods sake, at the minimum... HIDE IT!

    But I say, stop being a lazy a** and carry it.

    Lazy, lazy, lazy, idiot.
    I guess I'm a lazy idiot ... and no, I do not support laws to make someone liable for another's actions.

    Every day is like this for me: https://www.youtube.com/watch?v=brDv45Fatt0

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by FMCDH View Post
    While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

    If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

    For gods sake, at the minimum... HIDE IT!

    But I say, stop being a lazy a** and carry it.

    Lazy, lazy, lazy, idiot.
    Quote Originally Posted by davidmcbeth View Post
    I guess I'm a lazy idiot ... and no, I do not support laws to make someone liable for another's actions.

    Every day is like this for me: https://www.youtube.com/watch?v=brDv45Fatt0
    I don't think more laws is what FMCDH. Common law is already enough if someone can prove negligence to a jury, then damages should be awarded. This is what happens when you make the state the aggrieved party not the actual victims or survivors of the victim .
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  11. #11
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    I don't think more laws is what FMCDH. Common law is already enough if someone can prove negligence to a jury, then damages should be awarded. This is what happens when you make the state the aggrieved party not the actual victims or survivors of the victim .
    But what if the county persecutors ego is victimized?

    I'll tell you, this has been the most expensive road rage incident in the history of the world.

    bascially, and for some reason the media hasnt covered this aspect,

    Bauer was charged by this very same prosecutor in 1995 for a self defense slaying after a road rage episode, the jury acquitted. afterward Hague (the persecutor) would go to self defense classes at KRRC to explain self defense law at the range, and complain that bauer got away with murder, the club president marcus carter then explained to Hague that the jurys decision was proper, in 1999 a prosecutor investigator from pierce county thought one of Carters rifles was a machine gun, and that legal drama which has been before the state supreme court twice is ongoing.

    and then Bauer's gun is used for this school shooting, resulting in this bogus assault charge.

    it's literally still 1995 in this clowns head....
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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  12. #12
    Regular Member sudden valley gunner's Avatar
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    Good thoughts Erik,

    That's why the state shouldn't have so much power invested in a prosecutor, its another reason to bring back a grand jury that isn't influenced by the state.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  13. #13
    Regular Member OC for ME's Avatar
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    What should be the consequences of a child taking his parents car?

    http://philadelphia.cbslocal.com/201...ured-in-crash/
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Ajetpilot's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    Hague (the persecutor)
    His name is actually Hauge, but anyway you want to spell it, he has got to go! Bruce Danielson, one of his opponents, has been to several of our Kitsap County OCDO picnics, and he is a stand up guy. I proudly endorse Danielson for county prosecutor!

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    Regular Member FMCDH's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    I don't think more laws is what FMCDH. Common law is already enough if someone can prove negligence to a jury, then damages should be awarded. This is what happens when you make the state the aggrieved party not the actual victims or survivors of the victim .
    Exactly. No new laws needed..the law was just applied incorrectly by an activist prosecutor in this situation. Im glad the State SC recognized that.

    Being an idiot shouldn’t be a criminal act.

    Being an idiot certainly may get you sued however.

  16. #16
    Regular Member FMCDH's Avatar
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    Quote Originally Posted by OC for ME View Post
    What should be the consequences of a child taking his parents car?

    http://philadelphia.cbslocal.com/201...ured-in-crash/
    Pay for any damage to public and private property.

    Their car insurance will likely go WAY up. (I don't think "accident forgiveness" would even help them in this one)

    It was their child, so probably not much else.

    The more relevant question, what would you say should be the punishment for the 9 year old?

  17. #17
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by FMCDH View Post
    Pay for any damage to public and private property. Why, the parents didn't do anything wrong.

    Their car insurance will likely go WAY up. (I don't think "accident forgiveness" would even help them in this one) Yepper.

    It was their child, so probably not much else. Based on the prosecutor described in this thread ya never know.

    The more relevant question, what would you say should be the punishment for the 9 year old?
    Grand theft auto.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  18. #18
    Regular Member FMCDH's Avatar
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    Quote Originally Posted by OC for ME View Post
    Grand theft auto.
    Charged with, or the playing of??
    (Here kid, play this and learn to drive right)

    Your right, they didn't do anything wrong, but they are responsible for the negligent actions of their minor children.

    Unless the damages to public property was extensive, I imagine they will only be out their deductable.
    Last edited by FMCDH; 07-24-2014 at 01:00 PM.

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Ajetpilot View Post
    His name is actually Hauge, but anyway you want to spell it, he has got to go! Bruce Danielson, one of his opponents, has been to several of our Kitsap County OCDO picnics, and he is a stand up guy. I proudly endorse Danielson for county prosecutor!
    I met Bruce just last night at an NRA event dedicated to 594 last night.

    I have full confidence in him.

    my ballot is marked for Danielson.

    Hauge finally did it, when two years ago his office prosecuted a HS classmate of mine on a BS sex related charge, the evidence against him was nonexistent, the jury acquitted very quickly.

    I have no confidence in Hauge to do anything.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Regular Member Lammo's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    Good thoughts Erik,

    That's why the state shouldn't have so much power invested in a prosecutor, its another reason to bring back a grand jury that isn't influenced by the state.
    You must not recall the old saw that a half competent prosecutor can get a grand jury to indict a ham sandwich. :-)
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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Lammo View Post
    You must not recall the old saw that a half competent prosecutor can get a grand jury to indict a ham sandwich. :-)
    True look what they do to a lot of the inquests.

    At one time prosecutors were not allowed to have much to do with the grand jury, even the judge was very limited.

    A great book is The Grand Jury, by George J. Edwards. Much of that changed with FDR's streamlining the system which has been copied by most systems throughout the states. The term in Germany he modeled it after was Gliechshaltung if I remember right.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by FMCDH View Post
    While I can agree that the "assault" charge was inappropriate to the situation, this guy was certainty negligent, though not criminally. I just get so tired of lazy gun owners leaving guns laying around for kids to get access to. There really is no excuse.

    If you have kids, and especially if you commonly host OTHER peoples kids who most assuredly are not as educated about firearms as your own, carry it, or secure it.

    For gods sake, at the minimum... HIDE IT!

    But I say, stop being a lazy a** and carry it.

    Lazy, lazy, lazy, idiot.
    I don't know the details of how the gun was stolen, but in general I'm not going to make the gun reasonably hard to access if it is for home/personal protection. My wife stays at home, so even if I'm not there and don't have the gun on me for some reason, it is likely to be on a shelf that is out of the standard reach of small children but still accessible if needed.

    So realize there are reasons why someone might not have their gun on them but yet don't want to lock it up or hide it. Not that it should just be left on top of the night stand or in the drawer, but hiding it comes across as making it hard to access if needed.

  23. #23
    Regular Member Grim_Night's Avatar
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    http://news.msn.com/crime-justice/mo...enced?gt=51501

    The mother of a Washington state boy who brought a gun to school that went off in his backpack and critically wounded a classmate will spend more than a year behind bars.
    The boy told investigators he took the gun from a dresser at the home of his mother's boyfriend, Douglas Bauer, because he was afraid of other students. Chaffin did not have custody of her son, who lived with his uncle.

    The boy and his siblings testified that there were other firearms in Bauer's home that were not locked away.
    So, the mother of the boy that stole the gun from the mother's boy friend's house was charged with illegal possession. I'm trying to figure this one out. His house, his guns, she's in possession? Wait... what??
    Last edited by Grim_Night; 08-31-2014 at 02:51 AM.
    Armed and annoyingly well informed!

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    Regular Member Bill45's Avatar
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    I am not a lawyer, but, from what I understand a person who is prohibited from firearm possesion can not be in the same house as a firearm. You are concidered "in possesion" even if you have no knowlege that the gun is there.

    If you are aware then you can be charged with in control and possesion. I think this is because the law charges you for what you could or might do not what is actually the fact. The firearm can be in his/her hand or hidden under the couch. Same, same. And it does not matter who the legal owner is.

    Maybe someone with better knowlege of how the law is applied can chime in.

  25. #25
    Regular Member Grim_Night's Avatar
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    Quote Originally Posted by Bill45 View Post
    I am not a lawyer, but, from what I understand a person who is prohibited from firearm possesion can not be in the same house as a firearm. You are concidered "in possesion" even if you have no knowlege that the gun is there.

    If you are aware then you can be charged with in control and possesion. I think this is because the law charges you for what you could or might do not what is actually the fact. The firearm can be in his/her hand or hidden under the couch. Same, same. And it does not matter who the legal owner is.

    Maybe someone with better knowlege of how the law is applied can chime in.
    That's not the point. They tried to charge her with assault but they pleaded her down in exchange for her testimony against her boyfriend. But as soon as the WSSC ruled in favor of the boyfriend, the county immediately pushed forward their case against the mother to try and get somebody since they couldn't get the boyfriend.
    Armed and annoyingly well informed!

    There are two constants when dealing with liberals:
    1) Liberals never quit until they are satisfied.
    2) Liberals are never satisfied.

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