Is reckless conduct a real charge??

[gfrlaser]

Link Removed

Former Peachtree City Police Chief William McCollom will be charged with reckless conduct after he accidentally shot his wife on New Year's Day.
McCollom said he accident pulled the trigger in his sleep.


Read more: Link Removed

I wonder what I would be charged with. Attempted homicide perhaps? Also I wonder if this guy sleeps with a gun in his hand.

 

[bofh]

Read up on the law: O.C.G.A. 16-5-60 Reckless conduct...:

(b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.

Another option could have been: O.C.G.A. 16-5-21 - Aggravated assault:

(a) A person commits the offense of aggravated assault when he or she assaults:

...

(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or

...

(b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

...

(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

The former Peachtree City police chief got the lesser charge. It is up to you to interpret why.

Any charge that has the term "attempted" in it would require to prove intent, otherwise how can it be a failed attempt?

PS: I am not a lawyer, but I have some common sense and know how to use Google.

 

[BigSlick]

It is if your a cop. Anybody else would have been charged with manslaughter. Then the SWAT team would show up at 3am, bust in your door and take all your guns and try to kill you in the process.

 

[bofh]

It is if your a cop. Anybody else would have been charged with manslaughter. Then the SWAT team would show up at 3am, bust in your door and take all your guns and try to kill you in the process.

Can't be manslaughter. No one was killed.

 

[rifleshooter474]

ACLU Demands Tulsa County Sheriff Resign Amid Accusations Of Cronyism
ACLU leaders say that corruption, cronyism and a buy-a-badge concept is present under the watch of Glanz, which led to one of his personal friends and donors being brought on as a reserve deputy.

Bob Bates was a reserve deputy who TCSO said was working on the perimeter during the undercover sting on Harris. TCSO said Bates meant to pull his stun gun to subdue Harris, but he “inadvertently” pulled out his handgun and shot him in the back instead

ACLU Demands Tulsa County Sheriff Resign Amid Accusations Of Cro - NewsOn6.com - Tulsa, OK - News, Weather, Video and Sports - KOTV.com |

 

[rifleshooter474]

Can't be manslaughter. No one was killed.

The charge should have read, reckless handling of a firearm. Not reckless conduct.

 

[BigSlick]

Can't be manslaughter. No one was killed.

I thought she died as a result of the "accident". If she survived then you are right, it can't be manslaughter charge.

 

[bofh]

I thought she died as a result of the "accident". If she survived then you are right, it can't be manslaughter charge.

From what I understand, the (now ex-) Link Removed, which is why I think the misdemeanor reckless conduct charge is part of the DA's "blue-label" program, i.e., a LEO-only special deal. Any non-LEO would have been hit with a felony aggravated assault charge.

 

[bofh]

ACLU Demands Tulsa County Sheriff Resign Amid Accusations Of Cronyism
ACLU leaders say that corruption, cronyism and a buy-a-badge concept is present under the watch of Glanz, which led to one of his personal friends and donors being brought on as a reserve deputy.

Bob Bates was a reserve deputy who TCSO said was working on the perimeter during the undercover sting on Harris. TCSO said Bates meant to pull his stun gun to subdue Harris, but he “inadvertently” pulled out his handgun and shot him in the back instead

ACLU Demands Tulsa County Sheriff Resign Amid Accusations Of Cro - NewsOn6.com - Tulsa, OK - News, Weather, Video and Sports - KOTV.com |

Read the OP. You are talking about the wrong case. The OP's case was in Peachtree City, GA, which is why I posted the applicable Georgia criminal codes.

 

[bofh]

The charge should have read, reckless handling of a firearm. Not reckless conduct.

Georgia's criminal code for reckless conduct includes reckless handling of a firearm.

 

[rifleshooter474]

Read the OP. You are talking about the wrong case. The OP's case was in Peachtree City, GA, which is why I posted the applicable Georgia criminal codes.

I am just pointing out another case.

 

[rifleshooter474]

Georgia's criminal code for reckless conduct includes reckless handling of a firearm.

Darn!! I say DARN!!!!! Georgia!!! yeah Georgia!!! and them PEACH's DARN IT.!!! Georgia hello!! HELLO!!

 

[bofh]

I am just pointing out another case.

Which is entirely different. In the Oklahoma case, the victim died and the reserve deputy was charged with second-degree manslaughter (rightfully so). How about opening up another thread on that one?

 

[kelcarry]

The mantra that exists in this country among those we supposedly trust with our welfare and safety is "do as I say--not as I do". This ass of a chief is so guilty of more than reckless conduct--how obscene. How many times do we have to read about ie: gun safety and gun control, yet I will bet you that most of those vocalizing said control own firearms or are important or rich enough to have security of some kind. How many times do we have to read about abuses of the law by so-called "celebrities" who get off with a pittance of a fine and maybe a week living it up in some fancy rehab place for speeding, drunk driving more than once and more than twice, illegal drug use, acting up against police etc etc etc. Let us not forget a pathetic narcissist idiot at 1600 who ignores the Constitution as he does what he wants, when he wants and no one does a damn thing about it. This country is a toilet and fast-becoming third world. All I can say is that at my front door, I am in charge and someone will go to hell before I go to heaven if they do not like my constitutional rules and decide to "force" the issue.