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Tuesday, February 14, 2006

Should Dick Cheney be Charged?

ACCORDING TO ONE OF our readers Dick Cheney should be charged with a criminal offence under the Texas Penal Code for the accidental shooting during a quail hunt.

In consideration of the citation below, on the face of it charges would seem reasonable.

TEXAS PENAL CODE:

CHAPTER 22. ASSAULTIVE OFFENSES

§ 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

The reality is there is a law for the masses and another for the privileged. Accountability seems to decrease as one climbs higher up the food chain.

Having said that, the fact that this accident happened during a hunt muddies the waters even further. Would criminal charges apply in this case?

There are still circumstances that we are not yet privy to, and it is safe assume that Cheney had no criminal intent in mind.

At this point it seems that it was just a hunting accident and a mistake in judgment was made. The only thing that we can prove is Cheney is human and he screwed up.

Is that enough to charge him? In my view charges probably won't be pending but the kerfuffle should nevertheless be interesting to watch.

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2 Comments: 'It's your turn to toss the ball'...

At 5:21 PM, Blogger Matisse Enzer said...

Cheney probably argues that

"...knowingly discharges a firearm at or in the direction of:
(1) one or more individuals"

doesn't cover him because he didn't know the other fellow was in his line of fire - which of course begs the question of why he was firing at anything if he didn't know where all the members of the hunting party were.

 Edit Comment
At 10:10 PM, Blogger Political FootBall said...

"why he was firing at anything if he didn't know where all the members of the hunting party were."

Good point Matisse. Today CNN discussed the rules of safe hunting and brought up that very point. But breaking safety rules is not a criminal offense. Then again...

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